II

106TH CONGRESS

1ST SESSION S. 1420

To establish a fund for the restoration and protection of ocean and coastal

resources, to amend and reauthorize the Coastal Zone Management Act

of 1972, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1999

Mr. KERRY (for himself, Mr. HOLLINGS, Mr. BREAUX, Mr. INOUYE, Mrs.

BOXER, Mrs. FEINSTEIN, and Mr. KENNEDY) introduced the following

bill; which was read twice and referred to the Committee on Commerce,

Science, and Transportation

A BILL

To establish a fund for the restoration and protection of

ocean and coastal resources, to amend and reauthorize

the Coastal Zone Management Act of 1972, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Coastal Stewardship Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—OCEAN AND COAST CONSERVATION FUND

Sec. 101. Establishment of Ocean and Coast Conservation Fund.

Sec. 102. Budgetary treatment of receipts and disbursements.

TITLE II—COOPERATIVE COASTAL STEWARDSHIP

Subtitle A—Coastal Zone Management

Sec. 201. Short title.

Sec. 202. Amendment of Coastal Zone Management Act.

Sec. 203. Findings.

Sec. 204. Policy.

Sec. 205. Definitions.

Sec. 206. Reauthorization of management program development grants.

Sec. 207. Administrative grants.

Sec. 208. Coastal resource improvement program.

Sec. 209. Coastal zone management fund.

Sec. 210. Coastal zone enhancement grants.

Sec. 211. Community-based planning and management.

Sec. 212. Technical assistance and research.

Sec. 213. Review of performance.

Sec. 214. Walter B. Jones Coastal Zone Management Awards.

Sec. 215. National estuarine research reserve system.

Sec. 216. Coastal zone management reports.

Sec. 217. Authorization of appropriations.

Subtitle B—Coastal Habitat Restoration and Preservation

Sec. 251. Findings.

Sec. 252. Purposes.

Sec. 253. Definitions.

Sec. 254. Restoration and protection projects.

Sec. 255. Review, revision, and approval of plans.

Sec. 256. Allocation and disbursal of funds.

Sec. 257. Database; report to Congress.

Sec. 258. Guidelines.

Sec. 259. Cooperative agreements; memoranda of understanding.

Sec. 260. Authorization of appropriations.

TITLE III—COOPERATIVE OCEAN STEWARDSHIP

Subtitle A—National Marine Sanctuaries

Sec. 301. Short title.

Sec. 302. Amendment of National Marine Sanctuaries Act.

Sec. 303. Changes in findings, purposes, and policies.

Sec. 304. Changes in definitions.

Sec. 305. Changes in sanctuary designation standards.

Sec. 306. Changes in procedures for designation and implementation.

Sec. 307. Changes in international cooperation provisions.

Sec. 308. Changes in activities prohibited.

Sec. 309. Changes in enforcement provisions.

Sec. 310. Additional regulations authority added.

Sec. 311. Changes in research, monitoring, and education provisions.

Sec. 312. Changes in special use permit provisions.

Sec. 313. Changes in cooperative agreements provisions.

Sec. 314. Changes in provisions concerning destruction, loss, or injury.

Sec. 315. Changes in U.S.S. Monitor provisions.

Sec. 316. Changes in advisory council provisions.

Sec. 317. Changes in the support enhancement provisions.

Sec. 318. Correction of references to House Committee of jurisdiction.
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Sec. 319. Authorization of appropriations.

Subtitle B—Coral Reef Protection

Sec. 351. Short title.

Sec. 352. Findings.

Sec. 353. Policy.

Sec. 354. Purposes.

Sec. 355. Definitions.

Sec. 356. Coral reef restoration and conservation program.

Sec. 357. National program.

Sec. 358. Documentation of certain vessels.

Sec. 359. Certain grounded vessels.

Sec. 360. Regulations; Coral Reef Conservation Fund.

Sec. 361. Authorization of appropriations.

TITLE IV—COOPERATIVE RESEARCH AND ENFORCEMENT

Sec. 401. Amendment of Interjurisdictional Fisheries Act.

Sec. 402. Information Management System.

Sec. 403. Cooperative enforcement.

Sec. 404. Exception to Interjurisdictional Fisheries Act apportionment.

Sec. 405. Authorization of appropriations.

1 SEC. 2. FINDINGS.

2 The Congress finds:

3 (1) The oceans and coasts play a critical role in

4 maintaining global biodiversity, contribute more

5 than 30 percent of the Gross Domestic Product, pro6 vide an important source of food and a wealth of

7 other natural products, are critical to national secu8 rity, and are of considerable importance for recre9 ation and commerce.

10 (2) One half of the Nation’s population lives

11 within 50 miles of the coast and if population trends

12 continue as expected, pressure on and conflicting de13 mands for ocean and coastal resources will increase,

14 as will vulnerability to coastal hazards.

15 (3) There is a national interest in the effective

16 management, beneficial use and protection of ocean
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1 and coastal resources. In particular, oil and gas re2 sources are a nonrenewable national capital asset

3 that produce revenue for the Nation, a portion of

4 which should be reinvested in the stewardship of the

5 marine and coastal environment.

6 (4) The Federal Government has a responsi7 bility to States and coastal communities to improve

8 coordination, strengthen partnerships and provide

9 fiscal resources to develop coherent plans, policies,

10 standards, methods, and programs for using, man11 aging, and protecting ocean and coastal resources.

12 TITLE I—OCEAN AND COAST

13 CONSERVATION FUND

14 SEC. 101. ESTABLISHMENT OF OCEAN AND COAST CON15 SERVATION FUND.

16 (a) IN GENERAL.—There is established in the Treas17 ury of the United States a fund, which shall be known

18 as the Ocean and Coast Conservation Fund, into which

19 the Secretary of the Treasury shall transfer amounts

20 equivalent to 10 percent or $250,000,000, whichever is

21 greater, of the revenues received in each fiscal year begin22 ning after fiscal year 1999 by the Treasury that are de23 scribed in subsection (b). The Secretary of the Treasury

24 shall invest monies in the Ocean and Coast Conservation

25 Fund that are excess to expenditures at the written re-
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1 quest of the Secretary of Commerce in public debt securi2 ties with maturities suitable to the needs of the Ocean and

3 Coast Conservation Fund.

4 (b) REVENUES.—The revenues to which reference is

5 made in subsection (a) are all amounts received by the

6 United States as rents, royalties, net profit share pay7 ments, and related late-payment interest from natural gas

8 and oil leases issued pursuant to the Outer Continental

9 Shelf Lands Act from each leased tract or portion of a

10 leased tract lying seaward of the zone defined and gov11 erned by section 8(g) of the Outer Continental Shelf

12 Lands Act (43 U.S.C. 1337(g)), or lying within such zone

13 but to which section 8(g) does not apply, the geographic

14 center of which lies within a distance of 200 miles from

15 any part of the coastline of any coastal state (as defined

16 in section 304(4) of the Coastal Zone Management Act

17 of 1972 (16 U.S.C. 1453(4))).

18 (c) EXCLUSION.—Any amount received by the United

19 States as a bonus bid, rent, royalty (including payment

20 for a royalty taken-in-kind and sold), net profit share pay21 ment, or related late-payment interest from any lease tract

22 or portion of a lease tract for which no oil or gas produc23 tion has occurred before January 1, 1999, shall be ex24 cluded from any revenues under subsection (b).
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1 (d) PAYMENT.—Notwithstanding section 9 of the

2 Outer Continental Shelf Lands Act (43 U.S.C. 1338), the

3 Secretary shall, without further appropriation, make pay4 ments in each fiscal year from the Ocean and Coastal Con5 servation Fund as specified in sections 217, 260, 319,

6 361, and 405 of this Act.

7 SEC. 102. BUDGETARY TREATMENT OF RECEIPTS AND DIS8 BURSEMENTS.

9 Notwithstanding any other provision of law, the re10 ceipts and disbursements of funds under this Act—

11 (1) shall not be counted as new budget author12 ity, outlays, receipts, or deficit or surplus for pur13 poses of—

14 (A) the budget of the United States Gov15 ernment as submitted by the President;

16 (B) the Congressional budget (including al17 locations of budget authority and outlays pro18 vided therein); or

19 (C) the Balanced Budget and Emergency

20 Deficit Control Act of 1985; and

21 (2) shall be exempt from any general budget

22 limitation imposed by statute on expenditures and

23 net lending (budget outlays) of the United States

24 Government.
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1 TITLE II—COOPERATIVE

2 COASTAL STEWARDSHIP

3 Subtitle A—Coastal Zone

4 Management

5 SEC. 201. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Coastal Zone Man7 agement Amendments Act of 1999’’.

8 SEC. 202. AMENDMENT OF COASTAL ZONE MANAGEMENT

9 ACT.

10 Except as otherwise expressly provided, whenever in

11 this subtitle an amendment or repeal is expressed in terms

12 of an amendment to, or repeal of, a section or other provi13 sion, the reference shall be considered to be made to a

14 section or other provision of the Coastal Zone Manage15 ment Act of 1972 (16 U.S.C. 1451 et seq.).

16 SEC. 203. FINDINGS.

17 Section 302 (16 U.S.C. 1451) is amended—

18 (1) by redesignating paragraphs (a) through

19 (m) as paragraphs (1) through (13);

20 (2) by inserting ‘‘ports,’’ in paragraph (3), as

21 redesignated, after ‘‘fossil fuels,’’;

22 (3) by inserting ‘‘including coastal water and

23 wetlands,’’ in paragraph (4), as redesignated, after

24 ‘‘zone,’’;
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1 (4) by striking ‘‘therein,’’ in paragraph (4), as

2 redesignated, and inserting ‘‘dependent on that habi3 tat,’’;

4 (5) by striking ‘‘well-being’’ in paragraph (5),

5 as redesignated, and inserting ‘‘quality of life’’;

6 (6) by striking paragraph (11), as redesignated,

7 and inserting the following:

8 ‘‘(11) Land and water uses in the coastal zone

9 and coastal watersheds may significantly affect the

10 quality of coastal waters and habitats, and efforts to

11 control coastal water pollution from activities in

12 these areas must be improved.’’; and

13 (7) by adding at the end thereof the following:

14 ‘‘(14) There is a need to enhance cooperation

15 and coordination among States and local commu16 nities, to encourage local community-based environ17 mentally-protective solutions that address the im18 pacts and pressures on coastal resources and on

19 public facilities and public service caused by contin20 ued coastal population growth, and to increase State

21 and local capacity to identify public infrastructure

22 and open space needs and develop and implement

23 plans which provide for sustainable growth, resource

24 protection and community revitalization, while dis25 couraging development in underdeveloped areas.’’.
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1 SEC. 204. POLICY.

2 Section 303 (16 U.S.C. 1452) is amended—

3 (1) by striking ‘‘waters,’’ each place it appears

4 in paragraph (2)(C) and inserting ‘‘waters and habi5 tats,’’;

6 (2) by striking ‘‘the states’’ in paragraph (2)

7 and inserting ‘‘State and local governments and

8 Federally-recognized American Indian tribes’’.

9 (3) by inserting after ‘‘new’’ in paragraph

10 (2)(D) ‘‘coastal-dependent’’;

11 (4) by striking ‘‘and’’ at the end of paragraph

12 (5);

13 (5) by striking ‘‘zone.’’ in paragraph (6) and in14 serting ‘‘zone; and’’; and

15 (6) by adding at the end thereof the following:

16 ‘‘(7) to create and use a national system of es17 tuarine research reserves in Federal, State, and

18 community partnerships to support and enhance

19 coastal management and stewardship; and

20 ‘‘(8) to encourage the development, application,

21 and transfer of innovative coastal and estuarine en22 vironmental technologies and techniques for the

23 long-term conservation of coastal ecosystems.’’.

24 SEC. 205. DEFINITIONS.

25 Section 304 (16 U.S.C. 1453) is amended—
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1 (1) by striking ‘‘and the Trust Territories of

2 the Pacific Islands,’’ in paragraph (4);

3 (2) by striking paragraph (8) and inserting the

4 following:

5 ‘‘(8) The term ‘estuarine research reserve’

6 means a coastal protected area which may include

7 any part or all of an estuary and any island, transi8 tional area, and upland in, adjoining, or adjacent to

9 the estuary, and which constitutes to the extent fea10 sible a natural unit, established to provide long-term

11 opportunities for conducting scientific studies and

12 educational and training programs that improve the

13 understanding, stewardship, and management of es14 tuaries;’’ and

15 (3) by adding at the end thereof the following:

16 ‘‘(19) The term ‘coastal nonpoint pollution con17 trol program’ means a program submitted by a

18 coastal State to the Secretary and approved by the

19 Secretary under section 6217 of the Omnibus Rec20 onciliation Act of 1990 (16 U.S.C. 1455b).’’.

21 SEC. 206. REAUTHORIZATION OF MANAGEMENT PROGRAM

22 DEVELOPMENT GRANTS.

23 Section 305(a) (16 U.S.C. 1454(a)) is amended by

24 striking ‘‘1997, 1998, and 1999,’’ and inserting ‘‘2000,

25 2001, 2002, 2003, and 2004,’’.
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1 SEC. 207. ADMINISTRATIVE GRANTS.

2 Section 306(a) (16 U.S.C. 1455(a)) is amended by

3 inserting ‘‘including developing and implementing a coast4 al nonpoint pollution control program components,’’ after

5 ‘‘program’’.

6 SEC. 208. COASTAL RESOURCE IMPROVEMENT PROGRAM.

7 (a) Section 306A(b) (16 U.S.C. 1455a(b)) is

8 amended—

9 (1) by inserting a comma and ‘‘or other impor10 tant coastal habitats,’’ in paragraph (1) after ‘‘sec11 tion 306(d)(9)’’; and

12 (2) by adding at the end thereof the following:

13 ‘‘(5) The provision of assistance to communities

14 in assessing and managing growth, public infrastruc15 ture, and open space needs in order to support com16 munity revitalization while protecting environ17 mentally sensitive areas and conserving, restoring,

18 and enhancing natural resources.

19 ‘‘(6) The coordination and implementation of

20 approved coastal nonpoint pollution control pro21 grams.’’.

22 (b) Section 306A(d) (16 U.S.C. 1455a(d)) is

23 amended—

24 (1) by striking the subsection caption and in25 serting the following:
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1 ‘‘(d) SOURCE OF FEDERAL GRANTS; STATE MATCH2 ING CONTRIBUTIONS.—’’;

3 (2) by striking paragraph (1) and inserting the

4 following:

5 ‘‘(1) If a coastal state chooses to fund a project

6 under this section, then—

7 ‘‘(A) it shall submit to the Secretary a

8 combined application for grants under this sec9 tion and section 306;

10 ‘‘(B) it shall match the combined amount

11 of such grants in the ratio required by section

12 306(a) for grants under that section; and

13 ‘‘(C) the Federal funding for the project

14 shall be a portion of that State’s annual alloca15 tion under section 306(a).’’; and

16 (3) by striking paragraph (3).

17 SEC. 209. COASTAL ZONE MANAGEMENT FUND.

18 Section 308 (16 U.S.C. 1456a) is amended—

19 (1) by striking ‘‘1997, 1998, and 1999,’’ in

20 subsection (a)(2)(A) and inserting ‘‘2000, 2001,

21 2002, 2003, and 2004,’’;

22 (2) by striking subsection (b)(2) and inserting

23 the following:

24 ‘‘(2) Subject to amounts provided in Appropria25 tions Act, at least $4,000,000 of the amounts in the
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1 Fund each year shall be available to the Secretary

2 for grants to States and for technical assistance for

3 the purposes and projects described in section

4 310A.’’.

5 SEC. 210. COASTAL ZONE ENHANCEMENT GRANTS.

6 Section 309 (16 U.S.C. 1456b) is amended—

7 (1) by striking subsection (a)(1) and inserting

8 the following:

9 ‘‘(1) Protection, restoration, or creation of

10 coastal habitats, including wetlands, coral reefs, es11 sential fish habitat, marshes, barrier islands, and

12 other important coastal habitats.’’;

13 (2) by inserting ‘‘and removal’’ after ‘‘entry’’ in

14 subsection (a)(4);

15 (3) by striking subsection (a)(5) and inserting

16 the following:

17 ‘‘(5) Development and adoption of procedures

18 to assess, consider, and control cumulative and sec19 ondary impacts of coastal land use, growth, and de20 velopment on coastal waters, habitats, and resources,

21 including the collective effects of various individual

22 uses and activities.’’;

23 (4) by adding at the end of subsection (a) the

24 following:
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1 ‘‘(10) Adoption of plans, strategies, policies, or

2 procedures to enhance cooperation and coordination

3 among States and local communities, to encourage

4 local community-based and environmentally-protec5 tive solutions that address the impacts and pressures

6 on coastal resources and on public facilities and pub7 lic service caused by continued coastal population

8 growth, and to increase State and local capacity to

9 identify public infrastructure and open space needs,

10 provide for sustainable growth, protect coastal re11 sources and undeveloped areas, and revitalize com12 munities.

13 ‘‘(11) Development and enhancement of State

14 efforts to control coastal polluted runoff, including

15 the satisfaction of conditions placed on the polluted

16 runoff control programs as part of the Secretary’s

17 approval of the programs.

18 ‘‘(12) Significant emerging coastal issues iden19 tified as high priorities by eligible coastal states in

20 consultation with the Secretary.’’;

21 (5) by striking ‘‘proposals, taking into account

22 the criteria established by the Secretary under sub23 section (d)’’ in subsection (c) and inserting ‘‘pro24 posals’’;
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1 (6) by striking subsection (d) and redesignating

2 subsections (e), (f), and (g) as subsections (d), (e),

3 and (f), respectively; and

4 (7) by striking ‘‘section, up to a maximum of

5 $10,000,000 annually.’’ in subsection (e), as redesig6 nated, and inserting ‘‘section.’’.

7 SEC. 211. COMMUNITY-BASED PLANNING AND MANAGE8 MENT.

9 Section 310 (16 U.S.C. 1456c) is amended to read

10 as follows:

11 ‘‘SEC. 310. COMMUNITY-BASED PLANNING AND MANAGE12 MENT.

13 ‘‘(a) IN GENERAL.—The Secretary may enter into co14 operative agreements with State coastal management

15 programs—

16 ‘‘(1) to provide, coordinate, or facilitate assist17 ance to local and tribal governments and local com18 munities for planning, development, and implemen19 tation of local, community-based initiatives to ad20 dress the impacts and pressures caused by increas21 ing coastal populations on the coastal environment

22 and resources, public facilities and public services,

23 and open spaces; and

24 ‘‘(2) to strengthen resource protection and res25 toration while providing for community revitalization
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1 and comprehensive growth management strategies

2 consistent with the purposes of this Act.

3 ‘‘(b) PROJECT REQUIREMENTS.—Coastal states shall

4 demonstrate that projects have the support of affected

5 local and tribal governments and maximize environmental

6 benefits while supporting coastal dependent communities

7 consistent with the purposes of this Act. In developing the

8 program and selecting projects, coastal states shall provide

9 assistance to improve the capacity of local communities—

10 ‘‘(1) to plan for and manage land use and

11 growth patterns, and to protect critical coastal habi12 tat;

13 ‘‘(2) to minimize adverse environmental effects

14 of new public facilities and public services, housing,

15 and commercial and residential development; to revi16 talize and restore coastal waterfront communities

17 and sustainable water uses; to mitigate impacts of

18 coastal hazards; and to preserve open space areas

19 for recreation, habitat and scenic views;

20 ‘‘(3) to enhance public awareness of and par21 ticipation in planning and managing growth and

22 conservation in coastal communities; and

23 ‘‘(4) to develop and implement standardized ap24 proaches to information management and for shar25 ing information across local and State boundaries.
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1 ‘‘(c) GUIDELINES.—The Secretary shall develop

2 guidelines for distribution of funds and project eligibility

3 and selection under this section.

4 ‘‘(d) FUNDING.—Funding shall be distributed to the

5 States pursuant to the formula established under section

6 306(c) (16 U.S.C. 1455(c)), except that a state, tribe, or

7 other grant recipient shall not be required to contribute

8 any portion of the cost of any proposal for funds awarded

9 under this section.’’.

10 SEC. 212. TECHNICAL ASSISTANCE AND RESEARCH.

11 Title III (16 U.S.C. 1451 et seq.) is amended by in12 serting after section 310 the following:

13 ‘‘SEC. 310A. TECHNICAL ASSISTANCE AND RESEARCH.

14 ‘‘(a) IN GENERAL.—The Secretary, in consultation

15 and cooperation with coastal states and estuarine research

16 reserves, shall undertake a program of shared technical

17 assistance, development and implementation of innovative

18 environmental technologies and methodologies, and train19 ing and management-oriented research that draws upon

20 available sources of expertise and supports—

21 ‘‘(1) State coastal management programs, im22 plementation and use of estuarine research reserves,

23 community-based solutions for growth management

24 and resource protection, and State efforts to control

25 polluted runoff;
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1 ‘‘(2) international cooperative efforts in coastal

2 and ocean resource management; and

3 ‘‘(3) projects with a high potential for improv4 ing coastal management, including regional and

5 interstate projects, demonstration projects, and

6 emergency grants to state coastal management pro7 grams to address unforeseen or disaster-related cir8 cumstances.

9 ‘‘(b) CONTRACT AUTHORITY.—In carrying out this

10 section, the Secretary may enter into contracts or other

11 arrangements with qualified persons, including other Fed12 eral departments and agencies, but shall, to the extent

13 practicable, coordinate with and use State coastal manage14 ment programs and estuarine research reserves.

15 ‘‘(c) REPORT.—On or before January 1, 2001, the

16 Secretary shall prepare and submit a report to the Senate

17 Committee on Commerce, Science, and Transportation

18 and the House Committee on Resources evaluating the

19 agency’s effectiveness in carrying out this section and

20 make recommendations to improve such effectiveness. In

21 preparing the report, the Secretary shall provide for the

22 participation of coastal state Governors and managers of

23 estuarine research reserves.’’.
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1 SEC. 213. REVIEW OF PERFORMANCE.

2 Section 312(a) (16 U.S.C. 1458(a)) is amended by

3 inserting ‘‘coordinated with estuarine research reserves in

4 the State,’’ after ‘‘section 303(2) (A) through (K),’’.

5 SEC. 214. WALTER B. JONES COASTAL ZONE MANAGEMENT

6 AWARDS.

7 (a) Section 314(a) (16 U.S.C. 1460(a)) is amended—

8 (1) by striking ‘‘shall’’ and inserting ‘‘may’’;

9 (2) by inserting ‘‘available under this Act,’’

10 after ‘‘using sums’’;

11 (3) by striking ‘‘in the Coastal Zone Manage12 ment Fund established under section 308’’;

13 (4) by inserting at the end thereof the fol14 lowing: ‘‘These awards, to be known as the ‘Walter

15 B. Jones Awards,’ may include—

16 ‘‘(1) cash awards in an amount not to exceed

17 $5,000 each;

18 ‘‘(2) research grants; and

19 ‘‘(3) public ceremonies to acknowledge such

20 awards.’’.

21 (b) Section 314(b) (16 U.S.C. 1460(b)) is amended—

22 (1) by striking ‘‘shall’’ and inserting ‘‘may’’;

23 and

24 (2) by inserting ‘‘if funds are available under

25 subsection (a)’’ after ‘‘annually’’.
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1 (c) Section 314 (16 U.S.C. 1460) is amended by

2 striking subsection (e).

3 SEC. 215. NATIONAL ESTUARINE RESEARCH RESERVE SYS4 TEM.

5 (a) Section 315(a) (16 U.S.C. 1461(a)) is amended

6 by inserting ‘‘is a network of areas protected by Federal,

7 State, and community partnerships which promote in8 formed management of the Nation’s estuaries and coasts

9 through interconnected programs in resource stewardship,

10 education and training, and scientific understanding and’’

11 after ‘‘ ‘System’) that’’.

12 (b) Section 315(b)(2)(C) (16 U.S.C. 1461(b)(2)(C))

13 is amended by striking ‘‘public education and interpreta14 tion; and’’ and inserting ‘‘education, interpretation, train15 ing, and demonstration projects; and’’.

16 (c) Section 315(c) (16 U.S.C. 1461(c)) is amended—

17 (1) by striking ‘‘RESEARCH’’ in the subsection

18 caption and inserting ‘‘RESEARCH, EDUCATION, AND

19 RESOURCE’’;

20 (2) by striking ‘‘conduct of research’’ and in21 serting ‘‘conduct of research, education, and re22 source stewardship’’;

23 (3) by striking ‘‘coordinated research’’ in para24 graph (1)) and inserting ‘‘coordinated research, edu25 cation, and resource stewardship’’;
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1 (4) by striking ‘‘research’’ before ‘‘principles’’

2 in paragraph (2);

3 (5) by striking ‘‘research programs’’ in para4 graph (2) and inserting ‘‘research, education, and

5 resource stewardship programs’’;

6 (6) by striking ‘‘research’’ before ‘‘methodolo7 gies’’ in paragraph (3);

8 (7) by striking ‘‘data’’ in paragraph (3) and in9 serting ‘‘information’’;

10 (8) by striking ‘‘research’’ before ‘‘results’’ in

11 paragraph (3);

12 (9) by striking ‘‘research purposes;’’ in para13 graph (3) and inserting ‘‘research, education, and

14 resource stewardship purposes;’’;

15 (10) by striking ‘‘research efforts’’ in para16 graph (4) and inserting ‘‘research, education, and

17 resource stewardship efforts’’;

18 (11) by striking ‘‘research’’ in paragraph (5)

19 and inserting ‘‘research, education, and resource

20 stewardship’’; and

21 (12) by striking ‘‘research’’ in the last sentence.

22 (d) Section 315(d) (16 U.S.C. 1461(d)) is

23 amended—

24 (1) by striking ‘‘ESTUARINE RESEARCH.—’’ in

25 the subsection caption and inserting ‘‘ESTUARINE
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1 RESEARCH, EDUCATION, AND RESOURCE STEWARD2 SHIP.—’’;

3 (2) by striking ‘‘research purposes’’ and insert4 ing ‘‘research, education, and resource stewardship

5 purposes’’;

6 (3) by striking paragraph (1) and inserting the

7 following:

8 ‘‘(1) requiring that the Secretary, in conducting

9 or supporting activities relating to estuaries, give

10 reasonable priority to research, education, and stew11 ardship activities that use the System; and’’;

12 (4) by striking ‘‘research.’’ in paragraph (2)

13 and inserting ‘‘research, education, and resource

14 stewardship activities.’’; and

15 (5) by adding a new paragraph (3) as follows:

16 ‘‘(3) establishing partnerships with other Fed17 eral and State estuary management programs to co18 ordinate and collaborate on estuarine research.’’.

19 (e) Section 315(e) (16 U.S.C. 1461(e)) is amended—

20 (1) by striking ‘‘reserve,’’ in paragraph

21 (1)(A)(i) and inserting ‘‘reserve; and’’;

22 (2) by inserting ‘‘including resource stewardship

23 activities’’ in paragraph (1)(A)(ii) after ‘‘estuarine

24 reserve’’;
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1 (3) by striking ‘‘appropriate reserve facilities,

2 or’’ in paragraph (1)(A)(ii) and inserting ‘‘reserve

3 facilities.’’;

4 (4) by striking paragraph (1)(B) and inserting

5 the following:

6 ‘‘(B) to any coastal state or public or private

7 person for purposes of—

8 ‘‘(i) supporting research and monitoring

9 associated with a national estuarine reserve

10 that are consistent with the research guidelines

11 developed under subsection (c); or

12 ‘‘(ii) conducting educational, interpretive,

13 or training activities for a national estuarine re14 serve that are consistent with the education

15 guidelines developed under subsection (c).’’;

16 (5) by striking ‘‘therein or $5,000,000, which17 ever amount is less.’’ in paragraph (3)(A) and in18 serting ‘‘therein. Non-Federal costs associated with

19 the purchase of any lands and waters, or interests

20 therein, which are incorporated into the boundaries

21 of a reserve up to 5 years after the costs are in22 curred, may be used to match the Federal share.’’;

23 (6) by striking ‘‘and (iii)’’ in paragraph (3)(B);

24 (7) by striking ‘‘paragraph (1)(A)(iii)’’ in para25 graph (3)(B) and inserting ‘‘paragraph (1)(A)’’;
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1 (8) by striking ‘‘entire System.’’ in paragraph

2 (3)(B) and inserting ‘‘System as a whole.’’; and

3 (9) by adding at the end thereof the following:

4 ‘‘(4) The Secretary may—

5 ‘‘(A) enter into cooperative agreements, fi6 nancial agreements, grants, contracts, or other

7 agreements with any nonprofit organization au8 thorizing the organization to solicit donations to

9 carry out the purposes and policies of this sec10 tion, other than general administration of re11 serves or the System, which are consistent with

12 the purposes and policies of this section; and

13 ‘‘(B) accept donations of funds and serv14 ices for use in carrying out the purposes and

15 policies of this section, other than general ad16 ministration of reserves or the System, which

17 are consistent with the purposes and policies of

18 this section, and any such donation shall be

19 considered as a gift or bequest to or for the use

20 of the United States for the purpose of carrying

21 out this section.’’.

22 (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is

23 amended by inserting ‘‘including coordination with other

24 coastal programs,’’ after ‘‘reserve,’’.
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1 SEC. 216. COASTAL ZONE MANAGEMENT REPORTS.

2 Section 316 (16 U.S.C. 1462) is amended—

3 (1) by striking ‘‘to the President for trans4 mittal’’ in subsection (a);

5 (2) by striking ‘‘(10) a description of the eco6 nomic, environmental, and social consequences of en7 ergy activity affecting the coastal zone and an eval8 uation of the effectiveness of financial assistance

9 under section 308 in dealing with such con10 sequences;’’ in subsection (a);

11 (3) by redesignating the provisions designated

12 as (11), (12), and (13) in subsection (a) as (10),

13 (11), and (12), respectively;

14 (4) by striking ‘‘Secretary’’ in the first sentence

15 of subsection (c)(1) and inserting ‘‘Secretary, in con16 sultation with coastal states, and with the participa17 tion of affected Federal agencies,’’;

18 (5) by striking the second sentence of sub19 section (c)(1) and inserting the following: ‘‘The Sec20 retary, in conducting such a review, shall coordinate

21 with, and obtain the views of, applicable Federal

22 agencies.’’;

23 (6) by striking ‘‘shall promptly’’ in subsection

24 (c)(2) and inserting ‘‘shall, with 4 years after the

25 date of enactment of the Coastal Stewardship Act,’’;

26 and
26

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1 (7) by adding at the end of subsection (c)(2)

2 the following: ‘‘If sufficient funds and resources are

3 not available to conduct such a review, the Secretary

4 shall so notify the Congress.’’.

5 SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

6 Section 318 (16 U.S.C. 1464) is amended to read as

7 follows:

8 ‘‘SEC. 318. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘(a) FISCAL YEARS 2000 THROUGH 2004.—There

10 are authorized to be appropriated to carry out the pur11 poses of this Act for fiscal years 2000, 2001, 2002, 2003,

12 and 2004 the following amounts:

13 ‘‘(1) For grants under sections 306, 306A, and

14 309, $140,700,000 ($73,000,000 of which may be

15 derived from the Ocean and Coast Conservation

16 Fund) of which—

17 ‘‘(A) $98,700,000 shall be available for use

18 under sections 306, 306A, and 309; and

19 ‘‘(B) $42,000,000 shall be made available

20 specifically to develop, enhance, and implement

21 elements of coastal nonpoint pollution control

22 programs in addition to funds provided for

23 these programs in this subsection.
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1 ‘‘(2) For grants under section 315,

2 $12,000,000 ($5,000,000 of which may be derived

3 from the Ocean and Coast Conservation Fund).

4 ‘‘(3) For implementation of section 310,

5 $30,000,000, which may be derived from the Ocean

6 and Conservation Fund, in addition to amounts au7 thorized by paragraph (4).

8 ‘‘(4) For costs associated with administering

9 this Act, $9,500,000.

10 ‘‘(5) For grants to fund construction projects at

11 reserves established under section 315, $12,000,000.

12 ‘‘(b) MATCHING WITH OTHER FEDERAL FUNDS

13 PROHIBITED.—Federal funds received from other sources

14 may not be used to pay a coastal state’s share of costs

15 under section 306.

16 ‘‘(c) REVERSION OF UNOBLIGATED FUNDS.—The

17 amount of any grant or portion of a grant made to a State

18 under any section of this Act which is not obligated by

19 such State within 3 years from when it was first author20 ized to be obligated by such State shall revert to the Sec21 retary. The Secretary shall add such reverted amount to

22 the funds available for grants to States under this Act.

23 ‘‘(d) PURCHASE OF FEDERAL PRODUCTS AND SERV24 ICES.—Federal funds allocated under this title may be
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1 used by grantees to purchase Federal products and serv2 ices not otherwise available.

3 ‘‘(e) EXCEPTION.—Funds authorized for appropria4 tion from the Ocean and Coast Conservation Fund in sub5 section (a) are only authorized for appropriation if not less

6 than $75,000,000 is appropriated from general revenues

7 for purposes of this Act.’’.

8 Subtitle B—Coastal Habitat

9 Restoration and Preservation

10 SEC. 251. FINDINGS.

11 The Congress finds:

12 (1) The economy and the quality of life of many

13 communities depend on the natural abundance and

14 health of coastal habitat.

15 (2) Despite the many values of coastal habitat,

16 these resources are gravely threatened by habitat al17 teration and loss.

18 (3) The accumulated loss of coastal habitat is

19 reaching over 90 percent in some regions of the na20 tion, threatens the ecological and economic bounty of

21 regions experiencing the loss, and can be reversed

22 only by action to restore lost and degraded coastal

23 habitat.

24 (4) The demands on Federal, State, and local

25 funding for coastal habitat restoration and preserva-
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1 tion activities exceed available resources and prompt

2 serious concerns about the ability of the United

3 States to restore this habitat.

4 (5) To succeed in restoring coastal habitat, it is

5 important to link habitat restoration and preserva6 tion projects to broader ecosystem planning in order

7 to establish restoration and preservation programs

8 that are effective in the long term.

9 (6) Efficient leveraging of scarce public re10 sources and new and innovative incentive-based

11 funding coastal habitat restoration and preservation

12 projects would generate returns on investments for

13 communities through improvement of the vibrancy

14 and health of coastal habitat.

15 (7) Such new partnerships would help ensure

16 the ecological and economic vibrancy of coastal habi17 tat for the benefit of future generations.

18 SEC. 252. PURPOSES.

19 The purposes of this subtitle are—

20 (1) to identify, create, and implement projects

21 that will restore and preserve ocean and coastal

22 habitat, including voluntary, community-based

23 projects and regional habitat restoration projects;

24 (2) to enhance coordination and leveraging of

25 Federal, State, and community coastal habitat res-
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1 toration and preservation projects, programs, plans,

2 studies, and activities;

3 (3) to establish effective coastal habitat restora4 tion and preservation partnerships among public

5 agencies at all levels of government and between the

6 public and private sectors;

7 (4) to develop and enhance monitoring and

8 maintenance capabilities designed to ensure that res9 toration and preservation projects build on the suc10 cesses of past and current efforts and scientific un11 derstanding;

12 (5) to provide permanent financial assistance to

13 the States, private citizens, and nongovernmental

14 entities for these purposes; and

15 (6) to promote watershed or ecosystem ap16 proaches to restoring the Nation’s estuaries and

17 other living marine reserve habitats.

18 SEC. 253. DEFINITIONS.

19 In this subtitle:

20 (1) OCEAN AND COASTAL HABITAT.—The term

21 ‘‘ocean and coastal habitat’’ means the complex of

22 physical and hydrologic features and living orga23 nisms within estuaries, coastal and marine waters,

24 and associated ecosystems, including estuarine

25 zones, coastal wetlands and marshes, flood plains,
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1 mangroves, tidal flats, sea grass meadows and beds,

2 shoreline areas, coral reefs, shellfish beds, and kelp

3 beds.

4 (2) COASTAL STATE.—The term ‘‘coastal state’’

5 has the meaning given to that term by section

6 304(4) of the Coastal Zone Management Act of

7 1972 (16 U.S.C. 1453).

8 (3) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of Commerce.

10 (4) FUND.—The term ‘‘Fund’’ means the

11 Ocean and Coast Conservation Fund established by

12 section 101 of this Act.

13 (5) COASTAL POPULATION.—The term ‘‘coastal

14 population’’ means the population subdivisions, as

15 determined by the most recent official data of the

16 Census Bureau, contained in whole or in part within

17 the designated coastal boundary of a State as de18 fined in a State’s coastal zone management program

19 under the Coastal Zone Management Act (16 U.S.C.

20 1455).

21 SEC. 254. RESTORATION AND PRESERVATION PROJECTS.

22 (a) IN GENERAL.—In order to receive funds made

23 available under this subtitle, each coastal State shall de24 velop projects that will restore and protect ocean and

25 coastal habitat, including activities that will—
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1 (1) restore and preserve physical features, bio2 logical functions, or hydrologic functions;

3 (2) address or restore degraded areas, including

4 the provision of technical assistance to avoid the po5 tential degradation of coastal habitat from other

6 projects;

7 (3) implement or build upon existing regional or

8 watershed-based restoration plans;

9 (4) control non-native and invasive species;

10 (5) purchase land and land rights; or

11 (6) reintroduce native or ecologically beneficial

12 species through planting or natural succession.

13 (b) COOPERATIVE PROJECTS.—Restoration and pres14 ervation projects shall—

15 (1) encourage enhanced coordination and

16 leveraging of Federal, State, and community restora17 tion and preservation programs, plans, and studies;

18 and

19 (2) encourage partnerships among public agen20 cies at all levels of government and between the pub21 lic and private sectors.

22 (c) EXCLUSIONS.—A coastal state may not receive

23 funds made available under this subtitle for a project, pro24 gram, plan, study, or activity that includes—
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1 (1) an activity that constitutes mitigation for

2 the adverse effects of an activity regulated or other3 wise governed by Federal or State law;

4 (2) an activity that constitutes satisfaction of li5 ability for natural resource damages or other envi6 ronmental liability under any Federal or State law;

7 or

8 (3) the acquisition of land or land rights from

9 an unwilling seller.

10 SEC. 255. REVIEW, REVISION, AND APPROVAL OF

11 PROJECTS.

12 (a) SUBMISSION OF PROJECTS FOR REVIEW.—The

13 Governor of a coastal state shall submit a plan for each

14 project developed by that State under section 254(a) to

15 the Secretary. Each such plan shall include—

16 (1) a description of the project;

17 (2) an evaluation of whether the project will

18 meet one or more of the purposes in section 252;

19 (3) an estimate of the duration of the project;

20 (4) a budget that includes the annual and total

21 cost of the project; and

22 (5) a list of all government and non-government

23 agencies charged with administering funds allocated

24 to the project pursuant to section 256(c) of this Act.

25 (b) REVIEW BY THE SECRETARY.—
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1 (1) IN GENERAL.—The Secretary shall review

2 each plan submitted under subsection (a) to deter3 mine whether the project meets the requirements of

4 this subtitle and notify the Governor of that deter5 mination within 60 days after the plan is submitted.

6 (2) PAST PERFORMANCE.—In determining

7 whether a project or a revised project submitted by

8 a coastal state under this section meets the require9 ments of this subtitle, the Secretary shall take into

10 account that State’s past performance in achieving

11 the purposes of this subtitle, including its progress

12 in implementing and completing projects.

13 (3) FEDERALLY-APPROVED PROJECTS, PLANS,

14 STUDIES, AND ACTIVITIES.—The Secretary shall ap15 prove any restoration and preservation project, plan,

16 study, or activity submitted by a coastal state under

17 section 255 that—

18 (A) has been approved by any Federal

19 agency;

20 (B) has not been fully funded;

21 (C) meets one or more of the purposes of

22 section 252; and

23 (D) meets the requirements of the guide24 lines and criteria established under section 258.

25 (c) PROJECTS NOT APPROVED.—
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1 (1) REVISION ASSISTANCE.—If the Secretary

2 determines that a State project does not meet the

3 requirements of this subtitle, the Secretary shall

4 provide technical assistance to the Governor of that

5 State in revising the project plan. The Governor

6 shall, as soon as possible after being notified of the

7 Secretary’s determination—

8 (A) notify the Secretary that the State will

9 not resubmit its project plan for funding for the

10 calendar year; or

11 (B) revise the project, with or without the

12 assistance provided by the Secretary, and sub13 mit the revised plan for the project for review

14 by the Secretary.

15 (2) SECOND REVIEW.—The Secretary shall

16 promptly review any revised project plan submitted

17 in a timely manner (as determined by the Secretary)

18 and determine whether the revised project meets the

19 requirements of this subtitle and notify the Governor

20 of that determination within 30 days of submission.

21 If the Secretary determines that the revised project

22 meets the requirements of this subtitle, the Sec23 retary shall allocate funds to the State in accordance

24 with this subtitle.
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1 (3) DISAPPROVED OR WITHDRAWN PLANS.—If

2 the Secretary determines that the revised project

3 does not meet the requirements of this subtitle, or

4 if the Governor does not submit a revised project

5 plan for review within the time frame established by

6 the Secretary, then no funds available under this

7 subtitle may be allocated from the Ocean and Coast

8 Conservation Fund for that project.

9 (d) APPROVED PROJECTS.—If the Secretary deter10 mines that a State project meets the requirements of this

11 subtitle, including the guidelines and criteria established

12 under section 258, the Secretary shall allocate funds to

13 that State in accordance with this subtitle for developing

14 and implementing such projects.

15 SEC. 256. ALLOCATION AND DISBURSAL OF FUNDS.

16 (a) FORMULA FOR ALLOCATION.—

17 (1) IN GENERAL.—The Secretary shall allocate

18 the amounts available for distribution under this

19 subtitle from the Fund for any calendar year among

20 the several coastal states in accordance with the fol21 lowing formula:

22 (A) 30 percent shall be available for dis23 tribution on the basis of the ratio which the

24 coastline of each coastal state bears to the total

25 coastline of all coastal states; and
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1 (B) 70 percent shall be available for dis2 tribution on the basis of the ratio which the

3 coastal population of each coastal state bears to

4 the total coastal population of all coastal states.

5 (2) FINALITY.—The allocation of funds by the

6 Secretary under paragraph (1) is final.

7 (b) NOTIFICATION.—As soon as the Secretary knows,

8 or can reasonably estimate, the amount that will be avail9 able for distribution under this subtitle from the Fund for

10 a calendar year, the Secretary shall notify the Governor

11 of each coastal state of the amount available for allocation

12 to that State under subsection (a) for that calendar year

13 under this subtitle.

14 (c) PAYMENT.—The Secretary shall grant funds for

15 approved projects from amounts available for allocation to

16 a coastal state under subsection (a) within 90 days after

17 notifying the Governor of that State that a project has

18 been approved. The Secretary may make payments in in19 stallments or in any manner authorized by title 31, United

20 States Code, and shall make such payments beginning not

21 later than December 31. The first payments under this

22 subtitle may not be made before the date that is 1 year

23 after the date of enactment of this Act.

24 (d) SUBALLOCATION TO POLITICAL SUBDIVISIONS

25 AND NONPROFIT ENTITIES.—A State that receives funds
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1 under subsection (c) may allocate a portion of those

2 funds—

3 (1) to any local government, area-wide agency

4 designated under section 204 of the Demonstration

5 Cities and Metropolitan Development Act of 1966

6 (42 U.S.C. 3334), regional agency, or interstate

7 agency; or

8 (2) to any nonprofit organization with expertise

9 in coastal or marine issues,

10 for the purpose of carrying out a coastal habitat restora11 tion and protection project approved under section 255.

12 (e) REAPPORTIONMENT OF UNOBLIGATED

13 AMOUNTS.—Except as provided in subsection (f), if any

14 funds available for allocation to a coastal state for a cal15 endar year are not obligated by the Secretary, the Sec16 retary shall make those funds available to that State for

17 each of the next 2 calendar years. If funds available for

18 allocation to a coastal state remain unobligated for 3 cal19 endar years, then the unobligated funds shall be added

20 to the funds available for allocation to all coastal states

21 under subsection (a) for the fourth calendar year after the

22 calendar year for which they were first allocated to that

23 State.

24 (f) FUNDS NOT PAID TO THE COASTAL STATES.—

25 Any amount in the Fund available for allocation to a
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1 coastal State but not paid or obligated because that State

2 did not have a plan approved under section 255 of the

3 calendar year, or because the amount allocated to that

4 State for the calendar year exceeded the amount obligated

5 or expended under its plan, shall be retained by the Fund

6 and disposed of according to the law otherwise applicable

7 to revenues from leases on the Outer Continental Shelf.

8 SEC. 257. DATABASE; REPORT TO CONGRESS.

9 (a) DATABASE OF RESTORATION AND PROTECTION

10 PROJECT INFORMATION.—The Secretary shall maintain a

11 database of information concerning coastal habitat res12 toration and preservation projects funded under this sub13 title, including information on project techniques, project

14 completion, monitoring data, and other relevant informa15 tion.

16 (b) REPORT.—The Secretary shall annually submit

17 a report to the Committee on Commerce, Science, and

18 Transportation of the United States Senate and the Com19 mittee on Resources of the United States House of Rep20 resentatives on the results of activities carried out under

21 this subtitle. The report shall include—

22 (1) a review and evaluation of each coastal

23 state’s restoration and preservation projects;
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1 (2) a review of all funds allocated to coastal

2 states and to the Department of Commerce under

3 this subtitle;

4 (3) quantitative data on coastal habitats re5 stored and protected under this subtitle, including

6 the scope and number of projects approved and com7 pleted;

8 (4) an estimate of the long-term success of

9 varying restoration and protection techniques used

10 in carrying out projects under this subtitle; and

11 (5) a review of the extent to which information

12 described in paragraph (4) will be or has been incor13 porated in the selection and implementation of coast14 al habitat restoration and protection projects.

15 SEC. 258. GUIDELINES.

16 The Secretary shall publish guidelines and criteria for

17 the review, revision, and approval of projects under section

18 255, including Federally-approved projects under section

19 255(b)(3), in the Federal Register within 90 days after

20 the date of enactment of this Act. After a 60-day period

21 for public comment, the Secretary shall publish the guide22 lines in final form.

23 SEC. 259. COOPERATIVE AGREEMENTS; MEMORANDA OF

24 UNDERSTANDING.

25 In carrying out this subtitle, the Secretary may—
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1 (1) enter into cooperative agreements, financial

2 agreements, grant agreements, contractual agree3 ments, or other agreements with Federal, State, and

4 local government agencies and other persons and en5 tities to carry out this title; and

6 (2) execute such memoranda of understanding

7 as are necessary to reflect any such agreement.

8 SEC. 260. AUTHORIZATION OF APPROPRIATIONS.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to the Secretary to carry

11 out this subtitle any amounts in the Fund not authorized

12 to be appropriated under the other titles of this Act.

13 (b) ADMINISTRATIVE EXPENSES AND STAFFING.—

14 There are authorized to be appropriated to the Secretary

15 to administer the activities in this subtitle $7,500,000 for

16 fiscal year 2000 and for each year there after.

17 TITLE III—COOPERATIVE OCEAN

18 STEWARDSHIP

19 Subtitle A—National Marine

20 Sanctuaries

21 SEC. 301. SHORT TITLE.

22 This subtitle may be cited as the ‘‘National Marine

23 Sanctuaries Amendments Act of 1999’’.
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1 SEC. 302. AMENDMENT OF NATIONAL MARINE SANC2 TUARIES ACT.

3 Except as otherwise expressly provided, whenever in

4 this subtitle an amendment or repeal is expressed in terms

5 of an amendment or repeal to, or repeal of, a section or

6 other provision, the reference shall be considered to be

7 made to a section or other provision of the National Ma8 rine Sanctuaries Act (46 U.S.C. 1431 et seq.).

9 SEC. 303. CHANGES IN FINDINGS, PURPOSES, AND POLI10 CIES.

11 (a) AMENDMENT OF FINDINGS.—Section 301(a) (16

12 U.S.C. 1431(a)) is amended—

13 (1) by striking ‘‘educational, or aesthetic’’ in

14 paragraph (2) and inserting ‘‘monitoring, edu15 cational, cultural, archaeological, or aesthetic’’;

16 (2) by striking ‘‘a coordinated and comprehen17 sive approach to the’’ in paragraph (3) and inserting

18 ‘‘coordinated and comprehensive ecosystem’’;

19 (3) by striking ‘‘such a Federal program’’ in

20 paragraph (5) and inserting ‘‘a Federal program for

21 protected marine areas’’;

22 (4) by striking ‘‘wise use’’ in paragraph (5) and

23 inserting ‘‘sustainable use’’;

24 (5) by striking ‘‘and’’ after the semicolon in

25 paragraph (5);
43

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1 (6) by redesignating paragraph (6) as para2 graph (7), and inserting after paragraph (5) the fol3 lowing:

4 ‘‘(6) an integrated network of protected marine

5 areas, to be known as the National Marine Sanc6 tuary System, will provide added value to the Nation

7 beyond their individual boundaries by applying inno8 vative management techniques across the entire na9 tional system; and’’;

10 (7) by striking ‘‘protection of these special

11 areas’’ in paragraph (7), as redesignated, and insert12 ing ‘‘protecting the biodiversity, habitats, and quali13 ties of such special areas through precautionary and

14 preventative management actions’’; and

15 (8) by inserting ‘‘and the values and ecological

16 services they provide’’ in paragraph (7), as redesig17 nated, after ‘‘living resources’’.

18 (b) AMENDMENT OF PURPOSES AND POLICIES.—

19 Section 301(b) (16 U.S.C. 1431(b)) is amended—

20 (1) by striking paragraph (3) and inserting the

21 following:

22 ‘‘(3) to maintain natural biodiversity and bio23 logical communities, and to protect, and where ap24 propriate, restore, and enhance natural habitats,

25 populations, and ecological processes;’’;
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1 (2) by striking ‘‘understanding, appreciation,

2 and wise use of the marine environment;’’ in para3 graph (4) and inserting ‘‘understanding, and appre4 ciation of the marine environment and the natural,

5 historical, cultural, and archaeological resources of

6 national marine sanctuaries in order to ensure their

7 conservation and sustainable use for future genera8 tions;’’

9 (3) by redesignating paragraphs (5) through

10 (9) as paragraphs (6) through (10), and inserting

11 after paragraph (4) the following:

12 ‘‘(5) to support, promote, and coordinate appro13 priate scientific research on, and long-term moni14 toring of, the resources of protected marine areas;’’;

15 (4) by striking ‘‘facilitate’’ in paragraph (6), as

16 redesignated, and inserting ‘‘allow,’’;

17 (5) by striking ‘‘areas;’’ in paragraph (8), as re18 designated, and inserting ‘‘areas, including the ap19 plication of innovative management techniques such

20 as marine zoning; and’’; and

21 (6) by striking paragraph (10), as redesignated.

22 SEC. 304. CHANGES IN DEFINITIONS.

23 Section 302 (16 U.S.C. 1432) is amended—

24 (1) by striking ‘‘304(a)(1)(C)(v)’’ in paragraph

25 (1) and inserting ‘‘304(a)(2)’’;
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1 (2) by striking subparagraph (A) of paragraph

2 (6) and inserting the following:

3 ‘‘(A) compensation for the cost of restoring

4 or rehabilitating an injured sanctuary resource

5 and its services to its baseline condition; and

6 ‘‘(B)(i) the cost of replacing or acquiring

7 resources and services of equivalent value to the

8 sanctuary resources and services lost until the

9 sanctuary resource has recovered its baseline

10 condition; or

11 ‘‘(ii) the lost value of the sanctuary re12 sources and services from the date the injury

13 occurred until the sanctuary resource has recov14 ered its baseline condition;’’;

15 (3) by striking ‘‘and’’ after the semicolon in

16 subparagraph (B) of paragraph (6);

17 (4) by striking ‘‘resources;’’ in subparagraph

18 (C) of paragraph (6) and inserting ‘‘resources; and’’;

19 (5) by inserting after paragraph (6)(C) the fol20 lowing:

21 ‘‘(D) the cost of curation and conservation

22 of archaeological, historical, and cultural sanc23 tuary resources;’’;

24 (6) by inserting ‘‘including enforcement activi25 ties’’ after ‘‘injury’’ in paragraph (7);
46

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1 (7) by striking ‘‘historical, research, edu2 cational, or ’’ in paragraph (8) and inserting ‘‘his3 torical, educational, cultural, archaeological,’’;

4 (8) by striking ‘‘and’’ after the semicolon in

5 paragraph (8);

6 (9) by striking ‘‘Act.’’ in paragraph (9) and in7 serting ‘‘Act;’’; and

8 (10) by adding at the end thereof the following:

9 ‘‘(10) ‘to injure’ means to change a marine

10 sanctuary resource adversely, including, but not lim11 ited to—

12 ‘‘(A) adversely changing chemical, biologi13 cal, or physical attribute of a marine sanctuary

14 resource;

15 ‘‘(B) impairing a marine sanctuary re16 source service;

17 ‘‘(C) direct, indirect, or cumulative adverse

18 changes, regardless of their duration; and

19 ‘‘(D) loss, loss of use, or destruction of a

20 marine sanctuary resource;

21 ‘‘(11) ‘service’ means a function performed by

22 a marine sanctuary resource for the benefit of an23 other marine sanctuary resource, other natural re24 source, or the public;
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1 ‘‘(12) ‘person’, in addition to its meaning under

2 section 1 of title 1, United States Code, includes a

3 department, agency, or instrumentality of the gov4 ernment of the United States, a State, or a foreign

5 Nation; and

6 ‘‘(13) ‘baseline’ means the condition of a ma7 rine sanctuary resource or service that would have

8 existed if the injury had not occurred.’’.

9 SEC. 305. CHANGES IN SANCTUARY DESIGNATION STAND10 ARDS.

11 Section 303 (16 U.S.C. 1433) is amended—

12 (1) by striking ‘‘its resource or human-use val13 ues;’’ in subsection (a)(2)(A) and inserting ‘‘its bio14 diversity, ecological importance, or human-use val15 ues;’’;

16 (2) by striking ‘‘are inadequate or’’ in sub17 section (a)(2)(B); and

18 (3) by striking so much of subsection (b) as

19 precedes paragraph (2) and inserting the following:

20 ‘‘(b) FACTORS AND CONSULTATIONS.—

21 ‘‘(1) FACTORS.—In determining whether an

22 area of the marine environment meets the standards

23 established by subsection (a), the Secretary shall

24 consider the following factors:
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1 ‘‘(A) The natural resource and ecological

2 qualities of the area, including its biodiversity,

3 biological communities, ecological significance,

4 bio-geographic representation, contribution to

5 local and regional biological productivity, eco6 system structure and function, and the mainte7 nance of ecologically or economically important

8 habitats and species, including threatened and

9 endangered species.

10 ‘‘(B) The historical, cultural, archae11 ological, or paleontological significance of the

12 area.

13 ‘‘(C) The present and potential human

14 uses of the area that depend on maintenance of

15 a healthy and functional natural ecosystem.

16 ‘‘(D) The present and potential activities

17 that may threaten or otherwise adversely affect

18 the factors described in subparagraphs (A),

19 (B), and (C).

20 ‘‘(E) The area’s scientific value as a pro21 tected area.

22 ‘‘(F) The existing State and Federal regu23 latory and management authorities applicable

24 to the area and the adequacy of those authori-
49

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1 ties to fulfill the purposes and policies of this

2 title.

3 ‘‘(G) The manageability of the area, in4 cluding such factors as its size, its location, its

5 vulnerability to significant ecological disturb6 ance, its ability to be identified as a discrete ec7 ological unit with definable boundaries, its ac8 cessibility, and its suitability for scientific moni9 toring and enforcement activities.

10 ‘‘(H) The feasibility, where appropriate, of

11 employing innovative management approaches

12 such as marine zoning to protect sanctuary re13 sources or to manage compatible uses.

14 ‘‘(I) The value of the site as part of an in15 tegrated network of protected marine areas,

16 both within the National Marine Sanctuary

17 System, and in the broader context of protected

18 marine areas throughout the United States and

19 internationally.

20 ‘‘(J) The public benefits to be derived from

21 sanctuary status, with emphasis on the benefits

22 of long-term protection of nationally significant

23 resources, qualities, and vital habitats.

24 ‘‘(K) The negative impacts produced by

25 management restrictions on income-generating
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1 activities such as living and nonliving resources

2 development.

3 ‘‘(L) The socioeconomic effects of designa4 tion as a national marine sanctuary.’’.

5 SEC. 306. CHANGES IN PROCEDURES FOR DESIGNATION

6 AND IMPLEMENTATION.

7 (a) CHANGES IN NOTICE REQUIREMENTS.—Section

8 304(a) (16 U.S.C. 1434(a)) is amended—

9 (1) by striking ‘‘Senate documents, including

10 an executive summary consisting of—’’ and all that

11 follows in paragraph (1)(C) and inserting the fol12 lowing:

13 ‘‘Senate—

14 ‘‘(i) the draft environmental impact

15 statement prepared under paragraph (3);

16 ‘‘(ii) the draft management plan pre17 pared under paragraph (2);

18 ‘‘(iii) the basis for the findings made

19 under section 303(a) for the area;

20 ‘‘(iv) an assessment of the factors re21 quired to be considered under section

22 303(b)(1);

23 ‘‘(v) an estimate of the annual cost of

24 the proposed designation, including the

25 costs of personnel, equipment and facili-
51

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1 ties, enforcement, research, and public

2 education; and

3 ‘‘(vi) the proposed regulations referred

4 to in subsection (a)(1)(A).’’.

5 (b) MANAGEMENT PLAN REQUIREMENT.—Section

6 304(a) (16 U.S.C. 1434(a)) is amended—

7 (1) by redesignating paragraphs (2) through

8 (6) as (3) through (7), respectively; and

9 (2) by inserting after paragraph (1) the fol10 lowing:

11 ‘‘(2) MANAGEMENT PLAN.—The Secretary shall

12 prepare, and make available to the public, a manage13 ment plan for the proposed sanctuary that

14 includes—

15 ‘‘(A) the terms of the proposed designa16 tion;

17 ‘‘(B) proposed mechanisms to coordinate

18 existing regulatory and management authorities

19 within the area;

20 ‘‘(C) the proposed goals and objectives,

21 management responsibilities, resource studies,

22 and appropriate strategies for managing sanc23 tuary resources, interpretation and education,

24 research, monitoring and assessment, resource
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1 protection, restoration, and enforcement, includ2 ing surveillance activities for the area;

3 ‘‘(D) an evaluation of the advantages of

4 cooperative State and Federal management if

5 all or part of a proposed marine sanctuary is

6 within the territorial limits of a State, or is

7 superjacent to the subsoil and seabed within the

8 seaward boundary of a State (as established

9 under the Submerged Lands Act (43 U.S.C.

10 1301 et seq.); and

11 ‘‘(E) the proposed regulations prepared

12 under section 304(a)(1)(A).’’.

13 (c) OTHER NOTICE-RELATED CHANGES.—Section

14 304(a) (16 U.S.C. 1434(a)) is further amended—

15 (1) by striking ‘‘research, educational,’’ in para16 graph (4), as redesignated, and inserting ‘‘edu17 cational, cultural, archaeological,’’;

18 (2) by striking ‘‘only by the same procedures by

19 which the original designation is made.’’ in para20 graph (4), as redesignated, and inserting ‘‘by fol21 lowing the applicable procedures of the National En22 vironmental Policy Act of 1969 (42 U.S.C. 4321 et

23 seq.) and chapter 5 of title 5, United States Code.’’;

24 and
53

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1 (3) by inserting ‘‘this Act and’’ after ‘‘objectives

2 of’’ in the second sentence of paragraph (6), as re3 designated.

4 (d) OTHER CHANGES.—Section 304 (16 U.S.C.

5 1434) is amended—

6 (1) by striking ‘‘natural’’ and inserting ‘‘na7 tional’’ in subsection (b)(1);

8 (2) by adding at the end of subsection (b)(1)

9 the following: ‘‘For purposes of the preceding sen10 tence, any proposed change in a term of designation

11 of such a national marine sanctuary shall be treated

12 as a designation.’’;

13 (3) by inserting ‘‘or the national system’’ in

14 subsection (b)(2) after ‘‘sanctuary’’;

15 (4) by striking ‘‘are likely to destroy,’’ in sub16 section (d)(1)(A) and inserting ‘‘may destroy,’’;

17 (5) by striking the last sentence of subsection

18 (d)(3);

19 (6) by adding at the end of subsection (d) the

20 following:

21 ‘‘(4) CONSEQUENCES OF REJECTING ALTER22 NATIVES.—If the head of an agency does not follow

23 the Secretary’s recommendations under paragraph

24 (2), the head of that agency shall explain in writing

25 to the Secretary the reasons for not following those
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1 recommendations. If the action of a Federal agency

2 results in a threat of destruction, destruction, or loss

3 of, or injury to, a national marine sanctuary re4 source (including toxic spills and vessel groundings),

5 the agency head shall promptly coordinate with the

6 Secretary and take action to prevent, or to respond

7 to and mitigate, the harm and, if possible, to re8 store, replace, or provide the equivalent of any sanc9 tuary resource destroyed, lost, or injured by the

10 agency action.’’; and

11 (7) by striking ‘‘management techniques,’’ in

12 subsection (e) and inserting ‘‘management tech13 niques and strategies,’’.

14 SEC. 307. CHANGES IN INTERNATIONAL COOPERATION

15 PROVISIONS.

16 Section 305(c) (16 U.S.C. 1435(c)) is amended by

17 striking ‘‘governments and international organizations’’

18 and inserting ‘‘governments, international organizations,

19 and other persons’’.

20 SEC. 308. CHANGES IN ACTIVITIES PROHIBITED.

21 Section 306 (16 U.S.C. 1436) is amended—

22 (1) by striking ‘‘sell,’’ in paragraph (2) and in23 serting ‘‘offer for sale, sell, purchase, import, ex24 port,’’; and
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1 (2) by striking paragraph (3) and inserting the

2 following:

3 ‘‘(3) interfere with the enforcement of this title

4 by—

5 ‘‘(A) refusing to permit any authorized of6 ficer to board a vessel for the purpose of con7 ducting a search or inspection in connection

8 with the enforcement of this title;

9 ‘‘(B) assaulting, resisting, opposing, im10 peding, intimidating, or interfering with any au11 thorized officer in the conduct of any search or

12 inspection under this title;

13 ‘‘(C) submitting false information to the

14 Secretary or any authorized officer in connec15 tion with any search or inspection under this

16 title; or

17 ‘‘(D) assaulting, resisting, opposing, im18 peding, intimidating, harassing, bribing, or

19 interfering with any person authorized by the

20 Secretary to implement the provisions of this

21 title; or’’.

22 SEC. 309. CHANGES IN ENFORCEMENT PROVISIONS.

23 Section 307 (16 U.S.C. 1437) is amended—

24 (1) by striking ‘‘and reasonable’’ in subsection

25 (a);
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1 (2) by redesignating paragraphs (1) through

2 (5) of subsection (b) as paragraphs (2) through (6),

3 respectively, and inserting before paragraph (2) the

4 following:

5 ‘‘(1) arrest any other person, if that authorized

6 person has reasonable cause to believe that the other

7 person has committed an act prohibited by section

8 306(3);’’;

9 (3) by redesignating subsections (c) through (j)

10 as subsections (d) through (k), and inserting after

11 subsection (b) the following:

12 ‘‘(c) CRIMINAL OFFENSES.—

13 ‘‘(1) IN GENERAL.—Violation of section 306(3)

14 is punishable by a fine of not more than $100,000,

15 imprisonment for not more than 6 months, or both.

16 ‘‘(2) AGGRAVATED VIOLATIONS.—If a person in

17 the course of violating section 306(3)—

18 ‘‘(A) uses a dangerous weapon;

19 ‘‘(B) causes bodily injury to any person

20 authorized to enforce this title or to implement

21 its provisions; or

22 ‘‘(C) causes such a person to fear immi23 nent bodily injury,
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1 then the violation is punishable by a fine of not more

2 than $200,000, imprisonment for not more than 10

3 years, or both.’’;

4 (4) by striking ‘‘$100,000’’ in paragraph (1) of

5 subsection (d), as redesignated, and inserting

6 ‘‘$109,000’’;

7 (5) by striking ‘‘forfeiture;’’ in paragraph

8 (1)(C)(i) of subsection (f), as redesignated, and in9 serting ‘‘forfeiture, with priority given to protecting

10 and enhancing the sanctuary’s resources;’’;

11 (6) by striking ‘‘sanctuary.’’ in paragraph

12 (1)(C)(iii) of subsection (f), as redesignated, and in13 serting ‘‘sanctuary, with priority given to protecting

14 and enhancing the sanctuary’s resources, particu15 larly degraded resources.’’; and

16 (7) by inserting ‘‘electronic files,’’ after

17 ‘‘books,’’ in subsection (h), as redesignated.

18 SEC. 310. ADDITIONAL REGULATIONS AUTHORITY ADDED.

19 Section 308 (16 U.S.C. 1439) is amended to read as

20 follows:

21 ‘‘SEC. 308. REGULATIONS AND SEVERABILITY.

22 ‘‘(a) REGULATIONS.—The Secretary may issue such

23 regulations as may be necessary to carry out this title.

24 ‘‘(b) SEVERABILITY.—If any provision of this title,

25 or the application thereof to any person or circumstance,
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1 is held invalid, the validity of the remainder of this title

2 and of the application of that provision to other persons

3 and circumstances shall not be affected by that holding.’’.

4 SEC. 311. CHANGES IN RESEARCH, MONITORING, AND EDU5 CATION PROVISIONS.

6 Section 309 (16 U.S.C. 1440) is amended to read as

7 follows:

8 ‘‘SEC. 309. RESEARCH, MONITORING, AND EDUCATION PRO9 GRAMS AND INTERPRETIVE FACILITIES.

10 ‘‘(a) IN GENERAL.—The Secretary shall conduct,

11 support, and coordinate research, monitoring, and edu12 cation programs, consistent with subsections (b) and (c)

13 and the purposes and policies of this title, focusing pri14 marily on—

15 ‘‘(1) creating an understanding of the natural

16 processes necessary to maintain biodiversity and via17 ble ecosystems; and

18 ‘‘(2) reducing anthropogenic impacts on the

19 long-term conservation of biodiversity and viable eco20 systems.

21 ‘‘(b) RESEARCH AND MONITORING.—

22 ‘‘(1) IN GENERAL.—The Secretary may sup23 port, promote, and coordinate appropriate scientific

24 research on, and long-term monitoring of, the re25 sources and human uses of marine sanctuaries, with
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1 particular emphasis on maintaining or restoring di2 versity of living marine resources, their habitats, ec3 ological processes, and functions fundamental to the

4 viability and conservation of these protected areas,

5 through—

6 ‘‘(A) research, monitoring, exploration,

7 mapping, and environmental and socio-economic

8 assessment; and

9 ‘‘(B) restoration efforts to enhance the

10 rate of recovery of degraded habitats or re11 sources, and the development and testing of ap12 propriate restoration methods.

13 ‘‘(2) AVAILABILITY OF RESULTS.—The Sec14 retary shall make the results of activities undertaken

15 by the Secretary under paragraph (1) available to

16 the public.

17 ‘‘(c) EDUCATION AND INTERPRETIVE FACILITIES.—

18 The Secretary may undertake, either solely or in partner19 ship with other persons under section 311, efforts to en20 hance public awareness, understanding, and appreciation

21 of the marine environment, in order to ensure better un22 derstanding of resources and natural processes and their

23 conservation for future generations, including education

24 aimed at the general public, teachers, students, sanctuary

25 users, or environmental decision makers. Any effort un-
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1 dertaken under this subsection shall emphasize the con2 servation goals of national marine sanctuaries and, to the

3 extent practicable, address specific threats to sanctuary

4 resources stemming from human uses that affect the ma5 rine environment.

6 ‘‘(d) INTERPRETIVE FACILITIES.—The Secretary

7 may undertake, either solely or in partnership with other

8 persons under section 311, to develop interpretive facilities

9 across the nation focused on marine resource preservation

10 that promote marine conservation by providing the public

11 and specific user groups with innovative, focused, and ef12 fective information about the nature, biological, ecological,

13 and social functions and values of marine sanctuary eco14 systems.’’.

15 SEC. 312. CHANGES IN SPECIAL USE PERMIT PROVISIONS.

16 Section 310 (16 U.S.C. 1441) is amended—

17 (1) by redesignating subsections (b) through (e)

18 as subsections (c) through (f), respectively, and by

19 inserting after subsection (a) the following:

20 ‘‘(b) PUBLIC NOTICE REQUIRED.—The Secretary

21 shall provide appropriate public notice before identifying

22 any activity subject to a special use permit under sub23 section (a).’’;
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1 (2) by striking ‘‘insurance’’ in paragraph (4) of

2 subsection (c), as redesignated, and inserting ‘‘insur3 ance, or post an equivalent bond,’’;

4 (3) by striking ‘‘the use of’’ in paragraph

5 (2)(C) of subsection (d), as redesignated, and insert6 ing ‘‘access to, and the use of,’’;

7 (4) by redesignating paragraph (3) of sub8 section (d), as redesignated, as paragraph (4), and

9 by inserting after paragraph (2) thereof the fol10 lowing:

11 ‘‘(3) WAIVER OR REDUCTION OF FEES; ACCEPT12 ANCE OF IN-KIND SERVICES.—

13 ‘‘(A) NONPROFIT ACTIVITIES.—The Sec14 retary may waive or reduce fees under para15 graph (2) (A) or (B) for activities that do not

16 derive profit from the access to and use of sanc17 tuary resources.

18 ‘‘(B) COMPENSATION FOR FAIR MARKET

19 VALUE.—The Secretary may waive or reduce

20 fees, or accept in-kind services in lieu of fees,

21 under paragraph (2)(C).’’;

22 (5) by amending subsection (f), as redesignated,

23 to read as follows:

24 ‘‘(f) FISHING PERMITS.—Nothing in this section au25 thorizes the Secretary to require a person to obtain a per-
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1 mit under this section to fish in a national marine sanc2 tuary.’’.

3 SEC. 313. CHANGES IN COOPERATIVE AGREEMENTS PROVI4 SIONS.

5 Section 311 (16 U.S.C. 1442) is amended by redesig6 nating subsections (b), (c), and (d) as subsections (c), (d),

7 and (e), respectively, and inserting after subsection (a) the

8 following:

9 ‘‘(b) USE OF STATE AND FEDERAL AGENCY RE10 SOURCES.—The Secretary may, whenever appropriate, use

11 by agreement the personnel, services, or facilities of de12 partments, agencies, and instrumentalities of the govern13 ment of the United States or of any State or political sub14 division thereof on a reimbursable or non-reimbursable

15 basis to assist in carrying out this Act.’’.

16 SEC. 314. CHANGES IN PROVISIONS CONCERNING DE17 STRUCTION, LOSS, OR INJURY.

18 (a) LIABILITY.—Section 312(a) (16 U.S.C. 1443(a))

19 is amended—

20 (1) by striking ‘‘sanctuary resource’’ in para21 graph (1) and inserting ‘‘sanctuary resource, or cre22 ates an imminent risk of destruction, loss of, or in23 jury to any sanctuary resource,’’;
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1 (2) by striking ‘‘injury; and’’ in paragraph

2 (1)(A) and inserting ‘‘injury, including damages re3 sulting from response actions;’’;

4 (3) by redesignating subparagraph (B) of para5 graph (1) as subparagraph (C), and inserting after

6 subparagraph (A) thereof the following:

7 ‘‘(B) any costs related to seizure, for8 feiture, storage, or disposal arising from liabil9 ity under this section; and’’;

10 (4) by striking ‘‘response costs’’ in paragraph

11 (2) and inserting ‘‘response, seizure, forfeiture, stor12 age, and disposal costs,’’;

13 (5) by inserting ‘‘(other than an employee or

14 agent of the defendant, other than one whose act or

15 omission occurs in connection with a contractual re16 lationship existing directly or indirectly with the de17 fendant),’’ after ‘‘third party’’ in paragraph 3(A).

18 (6) by inserting ‘‘or’’ after the semicolon in

19 paragraph (3)(A);

20 (7) by striking ‘‘caused by an activity author21 ized by Federal or State law; or’’ in paragraph

22 (3)(B) and inserting ‘‘specifically authorized by Fed23 eral or State law or permit (excluding recommenda24 tions, instructions, or any other actions undertaken

25 by the Secretary or any other person authorized to
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1 enforce this title in responding to an incident cre2 ating liability under this section).’’;

3 (8) by striking subparagraph (C) of paragraph

4 (3);

5 (9) by inserting ‘‘or vessel’’ after ‘‘person’’ in

6 paragraph (4); and

7 (10) by adding at the end thereof the following:

8 ‘‘(5) JOINT AND SEVERAL LIABILITY.—Liability

9 under paragraph (1) is joint and several.’’.

10 (b) CIVIL ACTIONS.—Section 312(c) (16 U.S.C.

11 1443(c)) is amended—

12 (1) by striking ‘‘vessel who’’ and inserting ‘‘ves13 sel that’’;

14 (2) by striking ‘‘response costs’’ and inserting

15 ‘‘response, seizure, forfeiture, storage, and disposal

16 costs’’; and

17 (3) by striking ‘‘person may’’ and inserting

18 ‘‘person or vessel may’’.

19 (c) USE OF RECOVERED AMOUNTS.—Section 312 (16

20 U.S.C. 1443) is amended by striking subsection (d) and

21 inserting the following:

22 ‘‘(d) DEPOSIT AND USE OF RECOVERED

23 AMOUNTS.—

24 ‘‘(1) DEPOSIT OF AMOUNTS RECOVERED UNDER

25 THIS ACT.—The Secretary shall deposit any amount
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1 recovered by the Secretary as response, seizure, for2 feiture, storage, and disposal costs, or as damages

3 recovered under this section into the National Oce4 anic and Atmospheric Administration’s Damage As5 sessment and Restoration Revolving Fund, which

6 shall be interest-bearing, or other interest-bearing

7 accounts into which the Secretary may lawfully de8 posit such amounts, and invested in interest-bearing

9 obligations of the United States.

10 ‘‘(2) USE OF RECOVERED AMOUNTS.—Amounts

11 recovered under this section shall be used by the

12 Secretary, without further appropriation as follows:

13 ‘‘(A) RESPONSE COSTS AND DAMAGE AS14 SESSMENTS.—Amounts recovered as reimburse15 ment for past response, seizure, forfeiture, stor16 age, or disposal costs, and damage assessment

17 costs shall be used, as the Secretary deems ap18 propriate, to reimburse the Secretary or other

19 Federal or State agencies for those costs, and

20 to fund future response actions and damage as21 sessments.

22 ‘‘(B) RESTORATION, REPLACEMENT, AND

23 PREVENTION.—All other amounts recovered

24 under this section shall be used, in order of

25 priority—
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1 ‘‘(i) to restore, replace, or acquire the

2 equivalent of the sanctuary resources

3 which were the subject of the action, in4 cluding the costs of monitoring and the

5 cost of curation and conservation of ar6 chaeological, historical, and cultural sanc7 tuary resources;

8 ‘‘(ii) to prevent threats of destruction,

9 loss of, or injury to sanctuary resources

10 within the national marine sanctuary that

11 was the subject of the action;

12 ‘‘(iii) to manage and improve the na13 tional marine sanctuary that was the sub14 ject of the action, with priority given to re15 storing and protecting comparable re16 sources and habitats; and

17 ‘‘(iv) to manage and improve any

18 other national marine sanctuary, with pri19 ority given to restoring or enhancing in20 jured or degraded habitats or resources.

21 ‘‘(3) USE OF INTEREST.—Notwithstanding any

22 other provision of law, interest earned on the invest23 ment of amounts in the Fund under paragraph (1)

24 shall be available, without further appropriation, for

25 response, damage assessment, restoration, replace-
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1 ment, equivalent acquisition, or injury prevention ac2 tivities.

3 ‘‘(e) STATUTE OF LIMITATIONS.—An action for dam4 ages under subsection (c) may not be brought more than

5 3 years after the date of completion of the relevant dam6 age assessment and restoration plan prepared by the Sec7 retary.’’.

8 SEC. 315. CHANGES IN U.S.S. MONITOR PROVISIONS.

9 Section 314 (16 U.S.C. 1445) is amended by striking

10 subsection (b) and redesignating subsection (c) as sub11 section (b).

12 SEC. 316. CHANGES IN ADVISORY COUNCIL PROVISIONS.

13 Section 315 (16 U.S.C. 1446) is amended—

14 (1) by striking ‘‘assistance’’ in subsection (a)

15 and inserting ‘‘advice and recommendations’’; and

16 (2) by striking ‘‘protection and multiple use

17 management’’ in subsection (b)(3) and inserting

18 ‘‘conservation’’.

19 SEC. 317. CHANGES IN THE SUPPORT ENHANCEMENT PRO20 VISIONS.

21 Section 316 (16 U.S.C. 1447) is amended—

22 (1) by striking ‘‘reproduction’’ in subsection

23 (a)(6) and inserting ‘‘reproduction, sale,’’;
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1 (2) by redesignating subsections (c), (d), and

2 (e) as subsections (d), (e), and (f), and by inserting

3 after subsection (b) the following:

4 ‘‘(c) COLLABORATIONS.—The Secretary may author5 ize the use of the symbol described in subsection (a) by

6 any person engaged in a collaborative effort with the Na7 tional Marine Sanctuary Program to carry out this title.’’;

8 and

9 (3) striking ‘‘Secretary; and’’ in paragraph (3)

10 of subsection (f), as redesignated, and inserting

11 ‘‘Secretary, or without prior authorization under

12 subsection (c); or’’.

13 SEC. 318. CORRECTION OF REFERENCES TO HOUSE COM14 MITTEE OF JURISDICTION.

15 The Act is amended—

16 (1) by striking ‘‘Committee on Merchant Ma17 rine and Fisheries Resources’’ in section

18 303(b)(2)(A) and inserting ‘‘Committee on Re19 sources’’;

20 (2) by striking ‘‘Committee on Merchant Ma21 rine and Fisheries Resources’’ in section

22 304(a)(1)(C) and inserting ‘‘Committee on Re23 sources’’; and
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1 (3) by striking ‘‘Committee on Merchant Ma2 rine and Fisheries Resources’’ in section 304(a)(7)

3 and inserting ‘‘Committee on Resources’’.

4 SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

5 Section 313 (16 U.S.C. 1444) is amended to read as

6 follows:

7 ‘‘SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to carry out

9 this title $35,000,000 for fiscal years 2000, 2001, 2002,

10 2003, and 2004, of which $5,000,000 may be derived from

11 the Ocean and Coast Conservation Fund;’’.

12 Subtitle B—Coral Reef Protection

13 SEC. 351. SHORT TITLE.

14 This subtitle may be cited as the ‘‘Coral Reef Protec15 tion Act of 1999’’.

16 SEC. 352. FINDINGS.

17 The Congress finds the following:

18 (1) Coral reefs and coral reef ecosystems are

19 considered the marine equivalent of tropical rain for20 ests, containing some of the planet’s richest biologi21 cal diversity, habitats, and systems and supporting

22 thousands of fish, invertebrates, reef algae, plank23 ton, sea grasses, and other species.

24 (2) Coral reefs and coral reef ecosystems have

25 great commercial, recreational, cultural, and aes-
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1 thetic value to human communities as shoreline pro2 tection, areas of natural beauty, and sources of food,

3 pharmaceuticals, jobs, and revenues through a wide

4 variety of activities, including education, research,

5 tourism, and fishing.

6 (3) Studies indicate that coral reefs in the

7 United States and around the world are being de8 graded and severely threatened by human and envi9 ronmental impacts including land-based pollution,

10 overfishing, destructive fishing practices, vessel

11 groundings, and climate change.

12 (4) Since 1994, under the United States Coral

13 Reef Initiative, Federal agencies, State, local, terri14 torial, commonwealth, and local governments, non15 governmental organizations, and commercial inter16 ests have worked together to design and implement

17 additional management, education, monitoring, re18 search, and restoration efforts to conserve coral reef

19 ecosystems.

20 (5) 1997 was recognized as the Year of the

21 Reef to raise public awareness about the importance

22 of conserving coral reefs and to facilitate actions to

23 protect coral reef ecosystems.

24 (6) On October 21, 1997, the 105th Congress

25 passed House Concurrent Resolution 8, a concurrent
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1 resolution recognizing the significance of maintain2 ing the health and stability of coral reef ecosystems

3 by promoting comprehensive stewardship for coral

4 reef ecosystems, discouraging unsustainable fisheries

5 or other practices harmful to coral reefs, encour6 aging research, monitoring, assessment of, and edu7 cation on coral reef ecosystems, improving coordina8 tion of coral reef efforts and activities of Federal

9 agencies, academic institutions, nongovernmental or10 ganizations, and industry, and promoting preserva11 tion and sustainable use of coral reef resources

12 worldwide.

13 (7) 1998 was declared to be the International

14 Year of the Ocean to raise public awareness and in15 crease actions to conserve and use in a sustainable

16 manner the broader ocean environment, including

17 coral reefs.

18 (8) On June 11, 1998, President William Jef19 ferson Clinton signed Executive Order 13089 (64

20 Fed. Reg. 323701) which recognizes the importance

21 of conserving coral reef ecosystems, establishes the

22 Coral Reef Task Force under the joint leadership of

23 the Departments of Commerce and Interior, and di24 rects Federal agencies whose actions may affect

25 United States coral reef ecosystems to take steps to
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1 protect, manage, research, and restore such eco2 systems.

3 (9) The Nation benefits from—

4 (A) specific actions and programs involving

5 coral reefs and coral reef ecosystems including

6 National Marine Sanctuaries, National Wildlife

7 Refuges, National Parks, and other marine pro8 tected areas that conserve for future genera9 tions vital marine resources, ecosystems, and

10 habitats;

11 (B) the identification of coral habitats as

12 essential fish habitat under the Magnuson-Ste13 vens Fishery Conservation and Management

14 Act, which requires aggressive efforts to mini15 mize adverse effects on such habitat caused by

16 fishing;

17 (C) identification of other actions to en18 courage the conservation and enhancement of

19 such habitat; and

20 (D) State and territorial coastal manage21 ment programs for the protection, development,

22 and where possible, restoration and enhance23 ment of the resources of the Nation’s coastal

24 zone for this and succeeding generations under
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1 the Coastal Zone Management Act and other

2 related statutes.

3 (10) Legislation solely dedicated to the com4 prehensive and coordinated conservation, manage5 ment, protection, and restoration of coral reefs and

6 coral reef ecosystems would supplement Executive

7 Order 13089 and House Concurrent Resolution 8,

8 and complement the management, protection, and

9 conservation provided by such programs as those ad10 ministered under the National Marine Sanctuaries

11 Act, Coastal Zone Management Act, and Magnuson12 Stevens Fishery Conservation and Management Act,

13 as well as those administered by other Federal,

14 State, and territorial agencies.

15 SEC. 353. POLICY.

16 It is the policy of the United States—

17 (1) to conserve and protect the ecological integ18 rity of coral reef ecosystems;

19 (2) to maintain the health, natural conditions,

20 and dynamics of those ecosystems;

21 (3) to reduce and remove human stresses af22 fecting reefs;

23 (4) to restore coral reef ecosystems injured by

24 human activities; and
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1 (5) to promote the long-term sustainable use of

2 coral reef ecosystems.

3 SEC. 354. PURPOSES.

4 The purposes of this subtitle are—

5 (1) to preserve, sustain, and restore the health

6 of coral reef ecosystems;

7 (2) to assist in the conservation and protection

8 of coral reefs by supporting conservation programs;

9 (3) to provide financial resources for those pro10 grams; and

11 (4) to establish a formal mechanism for col12 lecting and allocating monetary donations from the

13 private sector to be used for coral reef conservation

14 projects.

15 SEC. 355. DEFINITIONS.

16 In this subtitle:

17 (1) CORAL.—The term ‘‘coral’’ means species

18 of the phylum Cnidaria, including—

19 (A) all species of the orders Antipatharia

20 (black corals), Scleractinia (stony corals),

21 Alcyonacea (soft corals), Gorgonacea (horny

22 corals), Stolonifera (organpipe corals and oth23 ers), and Helioporacea (blue coral) of the class

24 Anthozoa; and
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1 (B) all species of the order Hydrocorallina

2 (fire corals and hydrocorals) of the class

3 Hydrozoa.

4 (2) CORAL REEF.—The term ‘‘coral reef’’

5 means any reef, shoal, or other natural feature com6 posed primarily of the solid skeletal structures in

7 which stony corals are major framework constitu8 ents, within all maritime areas and zones subject to

9 the jurisdiction or control of the United States (e.g.

10 Federal, State, territorial, or commonwealth waters),

11 including in the south Atlantic, Caribbean, Gulf of

12 Mexico, and Pacific Ocean.

13 (3) CORAL REEF ECOSYSTEM.—The term

14 ‘‘coral reef ecosystem’’ means the interacting com15 plex of species (including reef plants of the phlya

16 Chlorophyta, Phaeophyta, and Rhodophyta) and

17 nonliving variables associated with coral reefs and

18 their habitats which—

19 (A) function as an ecological unit in na20 ture; and

21 (B) are mutually dependent on this func22 tion to continue.

23 (4) CONSERVATION.—The term ‘‘conservation’’

24 means the use of methods and procedures necessary

25 to preserve or sustain coral reefs and coral reef eco-
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1 systems as diverse, viable, and self-perpetuating eco2 systems, including—

3 (A) all activities associated with resource

4 management, such as assessment, science, con5 servation, protection, restoration, sustainable

6 use, management of habitat, and water quality;

7 (B) habitat monitoring;

8 (C) assistance in the development of man9 agement strategies for marine protected areas

10 and marine resources consistent with the Na11 tional Marine Sanctuaries Act (16 U.S.C. 1431

12 et seq.) and the Magnuson-Stevens Fishery

13 Conservation and Management Act (16 U.S.C.

14 1801 et seq.) and other Federal, State, and ter15 ritorial statutes;

16 (D) law enforcement;

17 (E) conflict resolution initiatives;

18 (F) community outreach and education;

19 and

20 (G) promotion of safe and ecologically

21 sound navigation.

22 (5) PERSON.—The term ‘‘person’’ has the

23 meaning given that term by section 1 of title 1,

24 United States Code, but includes departments, agen-
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1 cies, and instrumentalities of the United States Gov2 ernment or any State or local government.

3 (6) FOUNDATION.—The term ‘‘foundation’’

4 means any qualified non-profit organization that

5 specializes in natural resource conservation.

6 (7) SECRETARY.—The term ‘‘Secretary’’ means

7 the Secretary of Commerce.

8 (8) STATE.—The term ‘‘State’’ means any

9 coastal State of the United States that contains

10 coral within its seaward boundaries, and American

11 Samoa, Guam, the Northern Mariana Islands, Puer12 to Rico, and the U.S. Virgin Islands, and any other

13 commonwealth, territory, or possession of the United

14 States that contains coral within its seaward bound15 aries.

16 SEC. 356. CORAL REEF RESTORATION AND CONSERVATION

17 PROGRAM.

18 (a) FINANCIAL ASSISTANCE.—The Secretary subject

19 to the availability of funds, may provide financial assist20 ance for projects that—

21 (1) provide for the restoration of degraded or

22 injured coral reefs or coral reef ecosystems, includ23 ing developing and implementing cost-effective meth24 ods to restore or enhance degraded or injured coral

25 reefs and coral reef ecosystems; or
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1 (2) provide for the conservation of coral reefs or

2 coral reef ecosystems through projects other than

3 those under paragraph (1), that provide for the

4 management, conservation, and protection of coral

5 reefs and coral reef ecosystems, including mapping

6 and assessment, management, protection (including

7 enforcement), scientific research, and short-term and

8 long-term monitoring that benefits the long-term

9 conservation of coral reefs and coral reef ecosystems.

10 (b) MATCHING REQUIREMENTS.—

11 (1) 75-PERCENT FEDERAL FUNDING.—Except

12 as provided in paragraph (2), Federal funds for any

13 project under this section shall not exceed 75 per14 cent of the total cost of such project. In calculating

15 that percentage, the non-Federal share of project

16 costs may be provided by in-kind contributions and

17 other noncash support.

18 (2) EXCEPTIONS.—

19 (A) SMALL PROJECTS.—There are no

20 matching requirements for grants under sub21 section (a) for projects costing not more than

22 $25,000.

23 (B) HIGHER LEVEL OF SUPPORT RE24 QUIRED.—If the Secretary determines that a

25 proposed project merits support and cannot be
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1 undertaken without a higher rate of Federal

2 support, then the Secretary may approve grants

3 under this section with a matching requirement

4 other than that specified in paragraph (1).

5 (c) ELIGIBILITY.—Any relevant natural resource

6 management authority of a State or territory of the

7 United States or other government authority with jurisdic8 tion over coral reefs or whose activities directly or indi9 rectly affect coral reefs or coral reef ecosystems, or edu10 cational or non-governmental institutions with dem11 onstrated expertise in the conservation of coral reefs, may

12 submit a coral reef restoration or conservation proposal

13 to the Secretary under subsection (a).

14 (d) ALLOCATION.—The Secretary shall ensure that

15 financial assistance provided under subsection (a) during

16 a fiscal year is distributed so that—

17 (1) not less than 40 percent of the funds avail18 able are awarded for coral reef restoration and con19 servation projects in the Pacific Ocean;

20 (2) not less than 40 percent of the funds avail21 able are awarded for coral reef restoration and con22 servation projects in the Atlantic Ocean, the Gulf of

23 Mexico, and the Caribbean Sea; and

24 (3) remaining funds are awarded for coral reef

25 restoration and conservation projects that address
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1 emerging priorities or threats identified by the Sec2 retary in consultation with the Coral Reef Task

3 Force under subsection (j).

4 (e) PROJECT PROPOSALS.—Each proposal for a

5 grant under this section shall include the following:

6 (1) The name of the individual or entity respon7 sible for conducting the project.

8 (2) A succinct statement of the purposes of the

9 project.

10 (3) A description of the qualifications of the in11 dividuals who will conduct the project.

12 (4) An estimate of the funds and time required

13 to complete the project.

14 (5) Evidence of support of the project by appro15 priate representatives of States or territories of the

16 United States or other government jurisdictions in

17 which the project will be conducted.

18 (6) Information regarding the source and

19 amount of matching funding available to the appli20 cant, as appropriate.

21 (7) A description of how the project meets one

22 or more of the criteria in subsection (g) of this sec23 tion.
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1 (8) Any other information the Secretary con2 siders to be necessary for evaluating the eligibility of

3 the project for funding under this subtitle.

4 (f) PROJECT REVIEW AND APPROVAL.—

5 (1) IN GENERAL.—The Secretary shall review

6 each final coral reef conservation project proposal to

7 determine if it meets the criteria set forth in sub8 section (g).

9 (2) REVIEW; APPROVAL OR DISAPPROVAL.—Not

10 later than 3 months after receiving a final project

11 proposal under this section, the Secretary shall—

12 (A) request written comments on the pro13 posal from each Federal, State or territorial

14 agency of the United States and other govern15 ment jurisdictions, including the relevant re16 gional fishery management councils established

17 under the Magnuson-Stevens Fishery Conserva18 tion and Management Act (16 U.S.C. 1801 et

19 seq.), or any National Marine Sanctuary, with

20 jurisdiction or management authority over coral

21 reefs or coral reef ecosystems in the area where

22 the project is to be conducted, including the ex23 tent to which the project is consistent with lo24 cally-established priorities;
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1 (B) for projects costing less than $25,000,

2 provide for expedited peer review of the pro3 posal;

4 (C) for projects costing $25,000 or great5 er, provide for the regional, merit-based peer re6 view of the proposal and require standardized

7 documentation of that peer review;

8 (D) after considering any written com9 ments and recommendations based on the re10 views under subparagraphs (A) and (B), ap11 prove or disapprove the proposal; and

12 (E) provide written notification of that ap13 proval or disapproval to the person who sub14 mitted the proposal, and each of those States,

15 territories, and other government jurisdictions.

16 (g) CRITERIA FOR APPROVAL.—The Secretary may

17 approve a final project proposal under this section based

18 on the written comments received and the extent that the

19 project will enhance the conservation of coral reefs by—

20 (1) implementing coral reef conservation pro21 grams which promote sustainable development and

22 ensure effective, long-term conservation of coral

23 reefs;

24 (2) addressing, and to the extent practicable,

25 resolving the conflicts arising from the use of envi-
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1 ronments near coral reefs or from the use of any liv2 ing or dead specimens, port, or derivatives, or any

3 product containing specimens, ports, or derivatives,

4 of any coral or coral reef ecosystem;

5 (3) enhancing compliance with laws that pro6 hibit or regulate the taking of corals, species associ7 ated with coral reefs, and coral products or regulate

8 the use and management of coral reef ecosystems;

9 (4) developing sound scientific information on

10 the condition of coral reef ecosystems or the threats

11 to such ecosystems;

12 (5) promoting cooperative projects on coral reef

13 conservation that involve affected local communities,

14 non-governmental organizations, or others in the pri15 vate sector; or

16 (6) increasing public knowledge and awareness

17 of coral reef ecosystems and issues regarding their

18 long term conservation.

19 (h) IMPLEMENTATION GUIDELINES.—Within 90 days

20 after the date of enactment of this Act, the Secretary shall

21 promulgate necessary guidelines for implementing this

22 section. In developing those guidelines, the Secretary shall

23 consult with regional and local entities, including States

24 and territories, involved in setting priorities for conserva25 tion of coral reefs.
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1 (i) TECHNICAL ASSISTANCE.—The Secretary may

2 provide technical assistance to any State or Federal agen3 cy with jurisdiction over coral reefs and coral reef eco4 systems to further the purposes of this subtitle.

5 (j) CORAL REEF TASK FORCE.—The Secretary shall

6 consult with the Coral Reef Task Force established under

7 Executive Order 13089 (64 Fed. Reg. 323701), to obtain

8 guidance in establishing coral reef conservation project

9 priorities under this section.

10 SEC. 357. NATIONAL PROGRAM.

11 (a) IN GENERAL.—The Secretary may conduct activi12 ties that further the conservation of coral reefs or coral

13 reef ecosystems on a regional, national, or international

14 scale, or that further public awareness and education re15 garding coral reefs and coral reef ecosystems on a re16 gional, national, or international scale. The activities

17 should, to the extent practicable, supplement and be con18 sistent with the programs, policies, and statutes of af19 fected States and territories, the National Marine Sanc20 tuaries Act, the Coastal Zone Management Act, and the

21 Magnuson-Stevens Fishery Conservation and Manage22 ment Act, other applicable Federal statutes, and, at a min23 imum, should include mapping and assessment, moni24 toring, management, and scientific research that benefits
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1 the long-term conservation of coral reefs and coral reef

2 ecosystems.

3 (b) FINANCIAL ASSISTANCE.—The Secretary may

4 enter into joint projects with any Federal, State, terri5 torial, or local authority, or provide financial assistance

6 to any person for projects consistent with subsection (a),

7 including projects that—

8 (1) support, promote, and coordinate the as9 sessment of, scientific research on, monitoring of, or

10 restoration of coral reefs and coral reef ecosystems

11 of the United States;

12 (2) cooperate with global and regional programs

13 that conserve, manage, protect, and study coral reefs

14 and coral reef ecosystems; or

15 (3) enhance public awareness, understanding,

16 and appreciation of coral reefs and coral reef eco17 systems.

18 SEC. 358. DOCUMENTATION OF CERTAIN VESSELS.

19 Section 12102 of title 46, United States Code, is

20 amended by adding at the end thereof the following:

21 ‘‘(e) A vessel otherwise eligible to be documented

22 under this section may not be documented as a vessel of

23 the United States if—
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1 ‘‘(1) the owner of the vessel has abandoned any

2 vessel on a coral reef located in waters subject to the

3 jurisdiction of the United States; and

4 ‘‘(2) the abandoned vessel remains on the coral

5 reef or was removed from the coral reef under sec6 tion 355 or 356 of the Coral Reef Protection Act of

7 1999 (or any other provision of law in pari materia

8 enacted after 1998),

9 unless the owner of the vessel has reimbursed the United

10 States for environmental damage caused by the vessel and

11 the funds expended to remove it.’’.

12 SEC. 359. CERTAIN GROUNDED VESSELS.

13 (a) IN GENERAL.—The vessels described in sub14 section (b), and the reefs upon which such vessels may

15 be found, are hereby designated for purposes of section

16 104 of the Comprehensive Environmental Response, Com17 pensation, and Liability Act of 1980 (42 U.S.C. 9604) as

18 a site at which there is a substantial threat of release of

19 a hazardous substance into the environment. For purposes

20 of that Act, the site shall not be considered to have re21 sulted from an act of God.

22 (b) DESCRIPTION OF SITE.—The vessels to which

23 subsection (a) applies are 9 fishing vessels driven by Ty24 phoon Val in 1991 onto coral reefs inside Pago Pago har25 bor near the villages of Leloaloa and Aua.
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1 SEC. 360. REGULATIONS; CORAL REEF CONSERVATION

2 FUND.

3 (a) REGULATIONS.—Within 90 days after the date of

4 enactment of this Act, the Secretary shall promulgate nec5 essary regulations for implementing this section. In devel6 oping those regulations, the Secretary shall consult with

7 regional and local entities, including States and territories,

8 involved in setting priorities for conservation of coral reefs.

9 (b) FUND.—The Secretary may enter into an agree10 ment with a foundation authorizing the foundation to re11 ceive, hold, and administer funds received by the founda12 tion pursuant to this section. The foundation shall invest,

13 reinvest, and otherwise administer the funds and maintain

14 such funds and any interest or revenues earned in a sepa15 rate interest bearing account, hereafter referred to as the

16 Fund, established by the foundation solely to support part17 nerships between the public and private sectors that fur18 ther the purposes of this subtitle.

19 (c) AUTHORIZATION TO SOLICIT DONATIONS.—Con20 sistent with section 4 of the National Fish and Wildlife

21 Foundation Establishment Act (16 U.S.C. 3703), and

22 pursuant to the agreement entered into under subsection

23 (b) of this section, a foundation may accept, receive, so24 licit, hold, administer, and use any gift or donation to fur25 ther the purposes of this subtitle. Such funds shall be de-
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1 posited and maintained in the Fund established by a foun2 dation under subsection (b) of this section.

3 (d) REVIEW OF PERFORMANCE.—The Secretary shall

4 conduct a continuing review of the grant program admin5 istered by a foundation under this section. Each review

6 shall include a written assessment concerning the extent

7 to which that foundation has implemented the goals and

8 requirements of this section.

9 (e) ADMINISTRATION.—Under the agreement entered

10 into pursuant to subsection (b) of this section, the Sec11 retary may transfer funds appropriated under section

12 361(b)(1) to a foundation. Amounts received by a founda13 tion under this subsection may be used for matching, in

14 whole or in part, contributions (whether in currency, serv15 ices, or property) made to the foundation by private per16 sons and State and local government agencies.

17 SEC. 361. AUTHORIZATION OF APPROPRIATIONS.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated $20,000,000 for each

20 of fiscal years 2000, 2001, 2002, 2003, and 2004,

21 $10,000,000 of which may be derived from the Ocean and

22 Coast Conservation Fund, to carry out this subtitle, which

23 may remain available until expended.

24 (b) USE OF AMOUNTS APPROPRIATED.—
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1 (1) RESTORATION AND CONSERVATION

2 PROJECTS.—Not more than $15,000,000 of the

3 amounts appropriated under subsection (a) shall be

4 used by the Secretary to support coral reef restora5 tion and conservation projects under section 356(a),

6 of which not more than 20 percent shall be used for

7 technical assistance provided by the Secretary.

8 (2) NATIONAL PROGRAM.—Not more than

9 $5,000,000 of the amounts appropriated under sub10 section (a) shall be used by the Secretary to support

11 coral reef conservation projects under section 357.

12 (3) ADMINISTRATION.—Not more than 1 per13 cent of the amounts appropriated under paragraph

14 (1) may be used by the Secretary for administration

15 of this subtitle.

16 TITLE IV—COOPERATIVE

17 RESEARCH AND ENFORCEMENT

18 SEC. 401. AMENDMENT OF THE INTERJURISDICTIONAL

19 FISHERIES ACT.

20 Except as otherwise expressly provided, whenever in

21 this title an amendment or repeal is expressed in terms

22 of an amendment to, or repeal of, a section or other provi23 sion, the reference shall be considered to be made to a

24 section or other provision of the Interjurisdictional Fish25 eries Act of 1986 (16 U.S.C. 4101 et seq.).
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1 SEC. 402. INFORMATION MANAGEMENT SYSTEM.

2 Section 305 (16 U.S.C. 4104) is amended by adding

3 at the end thereof the following:

4 ‘‘(d) IMPLEMENTATION OF SYSTEM.—

5 ‘‘(1) COOPERATIVE AGREEMENTS.—The Sec6 retary may establish cooperative agreements on a

7 side-source basis with any appropriate Marine Fish8 eries Commission, State, regional, or tribal entities

9 for the purposes of implementing the standardized

10 fishing vessel registration and information manage11 ment system transmitted under section 401(f) of the

12 Magnuson-Stevens Fishery Conservation and Man13 agement Act (16 U.S.C. 1881(f)).

14 ‘‘(2) GUIDELINES.—Within 90 days after the

15 date of enactment of the Coastal Stewardship Act,

16 the Secretary shall publish in the Federal Register

17 for a 60-day public comment period, guidelines for

18 establishing cooperative agreements with Marine

19 Fisheries Commission, State, regional, or tribal enti20 ties under paragraph (1). The Secretary shall ensure

21 that the guidelines support the development and im22 plementation of cooperative State-Federal informa23 tion programs as provided for in section 401 of the

24 Magnuson-Stevens Fishery Conservation and Man25 agement Act (16 U.S.C. 1881).’’.
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1 SEC. 403. COOPERATIVE ENFORCEMENT.

2 Section 305 (16 U.S.C. 4104) is further amended by

3 adding at the end thereof the following:

4 ‘‘(e) COOPERATIVE ENFORCEMENT.—

5 ‘‘(1)(A) IN GENERAL.—The Secretary shall,

6 within 90 days after the date of enactment of the

7 Coastal Stewardship Act, if requested by the Gov8 ernor of a State represented on an Interstate Com9 mission, enter into an agreement under section

10 311(a) of the Magnuson-Stevens Fishery Conserva11 tion and Management Act (16 U.S.C. 1861(a)) with

12 such State, that authorizes the deputization of State

13 law enforcement officers with marine law enforce14 ment responsibilities to perform duties of the Sec15 retary relating to enforcement of any provisions of

16 this Act or any other marine resource law enforced

17 by the Secretary. Following the execution of such an

18 agreement, the Secretary shall, if requested by a

19 State, enter into an agreement for a joint project as

20 provided by the first section of Public Law 91–412

21 (15 U.S.C. 1525).

22 ‘‘(B) ENFORCEMENT.—The joint project agree23 ments referred to in the last sentence of the pre24 ceding subparagraph will provide a framework for

25 enforcement and prosecution of Federal and State

26 living marine resource laws and regulations in the
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1 Exclusive Economic Zone of the United States. Cen2 tral to these joint projects shall be the prevention

3 and detection of violations by federally deputized of4 ficers. A key feature of these jointly administered

5 programs shall include the overt presence by marine

6 law enforcement officers which will improve commu7 nity-oriented policing and result in higher levels of

8 voluntary compliance.

9 ‘‘(2) EXPENDITURES.—

10 ‘‘(A) Upon execution of a joint project

11 agreement referred to in the last sentence of

12 paragraph (1)(A) and subject to the availability

13 of appropriations, amounts available for fund14 ing and joint project agreements shall not ex15 ceed $2,000,000 per year per State. These

16 funds are intended to enhance enforcement ad

17 prosecution of Federal and State marine re18 source laws and are to be considered in addition

19 to, not in line of, existing State funds for these

20 services.

21 ‘‘(B) The Secretary shall withhold an

22 amount not to exceed 10 percent to be utilized

23 for the direct Federal oversight and coordina24 tion of law enforcement and prosecutorial re25 sponsibilities under joint project agreements re-
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1 ferred to in the last sentence of paragraph

2 (1)(A). The Secretary may enter into a coopera3 tive agreement, as provided by the first section

4 of Public Law 91–412 (15 U.S.C. 1525), on a

5 sole-source basis with an appropriate marine

6 fisheries commission to assist in such oversight

7 and coordination.’’.

8 SEC. 404. EXCEPTION TO INTERJURISDICTIONAL FISH9 ERIES ACT APPORTIONMENT.

10 Section 304 (16 U.S.C. 1403) is amended by adding

11 at the end thereof the following:

12 ‘‘(e) EXCEPTION.—The preceding subsections of this

13 section do not apply to the allocation of funds for joint

14 project agreements under the first section of Public Law

15 91–412 (15 U.S.C. 1525) executed by the Secretary under

16 section 305(e) of this Act.’’.

17 SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

18 Section 308 (16 U.S.C. 4107) is amended by adding

19 at the end thereof the following:

20 ‘‘(e) COOPERATIVE RESEARCH AND ENFORCE21 MENT.—

22 ‘‘(1) COOPERATIVE AGREEMENTS.—There are

23 authorized to be appropriated from the Ocean and

24 Coast Conservation Fund to fund cooperative agree-
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1 ments with States to carry out section 305(d) of this

2 Act—

3 ‘‘(A) $9,700,000 for fiscal year 2000;

4 ‘‘(B) $24,970,000 for fiscal year 2001;

5 ‘‘(C) $35,500,000 for fiscal year 2002;

6 ‘‘(D) $47,200,000 for fiscal year 2003;

7 and

8 ‘‘(E) $51,900,000 for fiscal year 2004.

9 The Secretary shall allocate amounts authorized to

10 be appropriated under this paragraph in a manner

11 that is consistent with any allocation provided for in

12 a report entitled ‘Proposed Implementation of a

13 Fishing Vessel Registration and Fisheries Informa14 tion System’ submitted to the Committee on Re15 sources of the House of Representatives and the

16 Committee on Commerce, Science, and Transpor17 tation of the Senate in January, 1999.

18 ‘‘(2) JOINT PROJECT AGREEMENTS.—There are

19 authorized to be appropriated from the Ocean and

20 Coast Conservation Fund to fund joint project

21 agreements under the first section of Public Law

22 91–412 (15 U.S.C. 1525) executed by the Secretary

23 under section 305(e) of this Act $20,000,000 for

24 each of fiscal years 2000 through 2004.’’.

Æ